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    Tylicki v. Saint Onge, Et Al - Document No. 2

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    DECISION & ORDER dismissing complaint. Signed by Judge Thomas J. McAvoy on 3/24/06. (sfp, ) 3:2006cv00380 New York Northern District Court

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    Tylicki v. Saint Onge, Et Al - Document No. 2

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    DECISION & ORDER dismissing complaint. Signed by Judge Thomas J. McAvoy on 3/24/06. (sfp, ) 3:2006cv00380 New York Northern District Court

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    Tylicki v. Saint Onge, et al - Document No. 2

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    DECISION & ORDER dismissing complaint. Signed by Judge Thomas J. McAvoy on 3/24/06. (sfp, ) 3:2006cv00380 New York Northern District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    67 views2 pages

    Tylicki v. Saint Onge, Et Al - Document No. 2

    Uploaded by

    Justia.com
    DECISION & ORDER dismissing complaint. Signed by Judge Thomas J. McAvoy on 3/24/06. (sfp, ) 3:2006cv00380 New York Northern District Court

    Copyright:

    Public Domain
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    Tylicki v. Saint Onge, et al Doc.

    2
    Case 3:06-cv-00380-TJM-DEP Document 2 Filed 03/24/2006 Page 1 of 2

    UNITED STATES DISTRICT COURT


    NORTHERN DISTRICT OF NEW YORK
    --------------------------------

    UNITED STATES OF AMERICA ex. rel.


    Raymond Tylicki,

    v. 3:06-cv-380 (TJM)

    Dr. Steven Saint Onge and Mark Silver, Jr,

    Defendants.

    --------------------------------

    THOMAS J. McAVOY
    Senior United States District Judge

    DECISION and ORDER

    Relator Raymond Tylicki has filed a complaint against Defendants and demands

    that this matter be the subject of a federal indictment, consideration by a grand jury, or

    investigation by the district attorney. Tylicki wishes to have criminal proceedings commenced

    against Defendants. In brief, Relator contends that Defendants violated 18 U.S.C. § 241

    when he was forcibly removed from the Clinton County Community College.

    Relator’s complaint must be dismissed. It is the settled authority of this Circuit that

    crimes are prosecuted by the federal government; not private citizens. See Connecticut

    Action Now, Inc. v. Roberts Plating Co., 457 F.2d 81, 86-87 (2d Cir. 1972) (“It is a truism . . .

    that in our federal system crimes are always prosecuted by the Federal Government, not by .

    . . private citizens.”); People of the State of New York v. Muka, 440 F. Supp. 33, 36 (N.D.N.Y.

    1977) (Munson, J.);In re Guyer, 1996 WL 689376, at *1 (E.D. Pa. 1996); see also Harmon v.

    Frye, 188 W. Va. 611, 614-15 (1992) (and cases cited therein)

    For the foregoing reasons, the complaint filed by Mr. Tylicki is DISMISSED. The

    Dockets.Justia.com
    Case 3:06-cv-00380-TJM-DEP Document 2 Filed 03/24/2006 Page 2 of 2

    Court further finds that this matter does not warrant referral to the office of the United States

    Attorney.

    IT IS SO ORDERED.

    Dated:March 24,2006

    - 2 -

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