877 F. 2d 64 - Kim v. Romero
877 F2d 64 Kim v. Romero
877 F.2d 64
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
John KIM, Plaintiff-Appellant,
v.
Richard ROMERO, et al., Cecil Hicks, Defendants-Appellees.
No. 88-6314.
United States Court of Appeals, Ninth Circuit.
Submitted June 7, 1989.*
Decided June 14, 1989.
Before HUG, K.K. HALL and WIGGINS, Circuit Judges.
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MEMORANDUM**
After an Orange County sheriff allegedly broke appellant John Kim's arm, Kim brought suit against Assistant United States Attorney Richard Romero and other prosecuting authorities for their failure to bring charges against the sheriff for the alleged battery. United States District Judge Ferdinand F. Fernandez dismissed the case with prejudice after adopting the recommendations of the United States Magistrate. We affirm for lack of standing for the reasons expressed in the report of the Magistrate.
Appellant has no standing to sue, for under Linda R.S. v. Richard D., 410 U.S. 614, 619 (1973), "a private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another." In addition, appellant lacks standing under the requirements of City of Los Angeles v. Lyons, 461 U.S. 95 (1983) as detailed in the Magistrate's report.
AFFIRMED.