Micheal Salmon v. Crycella Freitag

Summary

The United States District Court for the District of Kansas denied Micheal Salmon’s motion to amend his petition for a writ of mandamus into a different type of action. The court dismissed the mandamus action with prejudice for failure to state a claim, concluding that Salmon had not shown good cause why the matter should remain pending and that the requested criminal investigation, prosecution, and direction of state courts were unavailable relief. The court denied his motion to proceed in forma pauperis as moot and directed the clerk to provide forms for a potential new 42 U.S.C. § 1983 action.

Holdings

1. The court denied leave to amend because the proposed amendment sought to convert the mandamus action into a different type of case and did not clearly identify the claims Salmon intended to assert.
2. Allegations seeking an order compelling a criminal investigation or prosecution generally do not state a claim on which federal relief may be granted.
3. The mandamus action was dismissed with prejudice for failure to state a claim on which relief could be granted.

Questions Presented

1. Whether the court should permit Salmon to convert his mandamus action into a different type of civil action through a motion for leave to amend.
2. Whether Salmon's proposed claims seeking a criminal investigation, criminal prosecution, incarceration of the respondent, and relief directed at state courts stated a claim on which relief could be granted.
3. Whether the mandamus action should be dismissed with prejudice after Salmon stated that he no longer sought mandamus relief.

Disposition

dismissed