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Cobble v. Doe

United States District Court, District of Columbia

March 20, 2014

Daniel Eric Cobble, Plaintiff,
v.
John Doe, Director of Federal Bureau of Investigation Rights Section, Defendants.

MEMORANDUM OPINION

This matter is before the Court on review of plaintiff s pro se complaint and application to proceed in forma pauperis. The Court will grant plaintiffs application to proceed in forma pauperis and will dismiss this action for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) (requiring the court to dismiss an action "at any time" it determines that subject matter jurisdiction is wanting).

Plaintiff is a Georgia state prisoner. The handwritten scribbling comprising the complaint is difficult to read but plaintiff seeks a writ of mandamus to compel the FBI to investigate his claims of being framed. The United States Attorney General has absolute discretion in deciding whether to investigate claims for possible criminal or civil prosecution. As a general rule applicable to the circumstances of this case, such decisions are not subject to judicial review. Shoshone-Bannock Tribes v. Reno, 56 F.3d 1476, 1480-81 (D.C. Cir. 1995); see accord Wightman-Cervantes v. Mueller, 750 F.Supp.2d 76, 81 (D.D.C. 2010) (citing cases); Martinez v. U.S., 587 F.Supp.2d 245, 248-49 (D.D.C. 2008) (same). Hence, this case will be dismissed. A separate Order accompanies this Memorandum Opinion.


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