Dyer

Dyer v. United States

Good Law
166 F. App'x 908
United States Court of Appeals for the Ninth CircuitJanuary 12, 2006No. 05-35110. D.C. No. CV-04-05367-RBLCalifornia388 words

Opinion

Lead Opinion

MEMORANDUM **

Robert E. Dyer appeals pro se the district court’s order dismissing his action seeking (1) an order compelling the United States to prosecute him for tax fraud and tax evasion, (2) an injunction prohibiting the Internal Revenue Service from taking any collections action against any citizen until his case is resolved, and (3) an award of ten million dollars in damages. Dyer also appeals the district court’s order denying his motion for summary judgment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo both a dismissal for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6), and a summary judgment, Barnett v. Centoni, 31 F.3d 813, 815-16 (9th Cir.1994), and we affirm.

The district court correctly determined that it had no authority to force the government to exercise its discretion to prosecute Dyer. See Bordenkircher v. Hayes, 434 U.S. 357, 364 , 98 S.Ct. 663 , 54 L.Ed.2d 604 (1978) (noting that decision whether to prosecute “generally rests entirely in [the prosecutor’s] discretion”).

The district court also did not err in dismissing Dyer’s damages claim. To the extent Dyer sought damages from the United States for allegedly violating…

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