Gregory Horton v. Turning Point Missionaries Church Co-Founders, et al.

Summary

The United States District Court for the Northern District of Texas accepted the magistrate judge’s findings and recommendations and dismissed Gregory Horton’s pro se prisoner civil rights complaint without prejudice under Federal Rule of Civil Procedure 41(b). The court denied Horton’s emergency motion for a temporary restraining order or preliminary injunction because he did not show immediate and irreparable injury or satisfy the notice requirements of Rule 65. The court also denied his motion for appointment of counsel and explained that private litigants generally cannot compel criminal investigations or prosecutions.

Holdings

1. Plaintiff was not entitled to a temporary restraining order or preliminary injunction because he failed to show specific facts establishing immediate and irreparable injury and failed to provide the required written certification concerning notice.
2. Plaintiff was not entitled to appointment of counsel because he failed to show exceptional circumstances.
3. Plaintiff could not obtain civil relief based solely on alleged violations of criminal statutes because he did not identify a statutory basis from which a private right of action could be inferred.
4. Plaintiff could not obtain an order directing the investigation or prosecution of alleged criminal conduct because private citizens lack standing to institute federal criminal prosecutions or enforce criminal statutes, and federal courts lack power to issue mandamus against state officers when mandamus is the only relief sought.

Questions Presented

1. Whether plaintiff satisfied the requirements for a temporary restraining order or preliminary injunction.
2. Whether plaintiff demonstrated exceptional circumstances warranting appointment of counsel under 28 U.S.C. § 1915(e)(1).
3. Whether plaintiff could obtain relief based on alleged violations of criminal statutes or an order directing the investigation or prosecution of alleged criminal conduct.
4. Whether the magistrate judge's recommendation should be accepted and plaintiff's pro se prisoner civil-rights complaint dismissed without prejudice under Federal Rule of Civil Procedure 41(b).

Disposition

dismissed