IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
December 6, 2011
JON COX, R-23562, PLAINTIFF,
S.A. GODINEZ, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Reagan, District Judge:
MEMORANDUM AND ORDER
On November 21, 2011, Plaintiff Cox wrote to the Court, explaining that he intended for his complaint (Doc. 1 in the above-captioned civil action) to be filed as a criminal complaint, not a civil case, against the named Defendants (Doc. 3). The Court CONSTRUES Plaintiff's letter as a motion for voluntary dismissal of the action pursuant to Rule 41(a)(1)(A)(I) of the Federal Rules of Civil Procedure. Voluntary withdrawal of his claim is Plaintiff's right. Accordingly, the motion to dismiss (Doc. 3) is GRANTED, and this action is DISMISSED WITHOUT PREJUDICE. All pending motions are DENIED as moot. Due to the error in filing, the civil filing fee for this action is WAIVED.
Finally, Plaintiff is ADVISED that a complainant does not have authority to file a criminal complaint on his own. Sole authority to initiate a criminal prosecution rests with the United States Attorney, who may be contacted in this Judicial District at:
United States Attorneys Office, 9 Executive Drive, Fairview Heights, Illinois, 62208.
IT IS SO ORDERED.
Michael J. Reagan U.S. District Judge
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