IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division SHAPAT NABAYA, Plaintiff, v. Civil Action No. 3:21CV283 M. HANNAH LAUCK, Defendant. MEMORANDUM OPINION Shapat Nabaya, a federal inmate proceeding pro se and in forma pauperis, filed this action. Nabaya titled the action as a “MOTION FOR CLERK TO FILE CRIMINAL COMPLAINT.” (ECF No. 1, at 1.) Nabaya apparently wishes to initiate a criminal action against the Honorable M. Hannah Lauck, United States District Judge. The Court must dismiss any action filed by an individual proceeding in forma pauperis if the Court determines the action “is frivolous or malicious.”

(e)(2)(B)(@); see 28 U.S.C. §1915A. The first standard includes claims based upon “an indisputably meritless legal theory,” or claims where the “factual contentions are clearly baseless.” Clay v. Yates,

(E.D. Va. 1992) (quoting Neitzke v. Williams,

(1989)). It is both unnecessary and inappropriate to engage in an extended discussion of the utter lack of merit of Nabaya’s action. See Cochran v. Morris,

(4th Cir. 1996) (emphasizing that “abbreviated treatment” is consistent with Congress’s vision for the disposition of frivolous or “insubstantial claims” (citing Neitzke v. Williams,

(1989))). “[T]he Court cannot initiate criminal or regulatory investigations of any defendant. Rather, authority to initiate criminal complaints rests exclusively with state and federal prosecutors.” Barron v. Katz, No. 6:17-CV—195—-KKC,

, at *1 (E.D. Ky. Aug. 9, 2017) (citing Sahagian v. Dickey,

(W.D. Wis.

1986)). Furthermore, Nabaya as “a private citizen lacks a judicially cognizable interest in the [criminal] prosecution or nonprosecution of another.” Linda R.S. v. Richard D.,

, 619 (1973); see Lopez v. Robinson,

(4th Cir. 1990) (“No citizen has an enforceable right to institute a criminal prosecution.”). Accordingly, the action will be DISMISSED AS FRIVOLOUS. The Clerk will be DIRECTED to note the disposition of the action for purposes of

(g). An appropriate Order will accompany this Memorandum Opinion.

. John A, Gibney, Jr. Date: 2 June 2021 United States District Judge Richmond, Virginia