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Williams v. University of Alabama Hosp

United States Court of Appeals, Eleventh Circuit
Nov 25, 2009
353 F. App'x 397 (11th Cir. 2009)

Summary

affirming a district court's dismissal of a pro se complaint alleging criminal assault and bribery and citing Linda R.S. v. Richard D., 410 U.S. 614, 619

Summary of this case from Von Alt-Byoune v. Von Alt

Opinion

No. 09-11803 Non-Argument Calendar.

November 25, 2009.

Thresa Lynn Williams, Talladega, AL, pro se.

Appeal from the United States District Court for the Northern District of Alabama. D.C. Docket No. 09-00211-CV-E.

Before EDMONDSON, BIRCH and PRYOR, Circuit Judges.


Thresa Lynn Williams appeals pro se the dismissal of her complaint against the University of Alabama Hospital at Birmingham. The district court ruled that it lacked jurisdiction to consider Williams's complaint. We affirm.

Williams, a resident of Birmingham, Alabama, filed a complaint against the Hospital. Williams alleged that she was restrained and medicated by medical staff and admitted to the psychiatric ward after she complained of symptoms of food poisoning. Williams complained that the Hospital was liable for her personal injuries and committed medical malpractice, assault, 18 U.S.C. §§ 113, and bribery, id. § 201.

The Hospital argues that Williams failed timely to appeal the judgment, but we disagree. The district court dismissed Williams's complaint on February 26, 2009. Because the court did not enter its judgment in a separate document as required by Federal Rule of Evidence 58(a), Williams had 150 days, or until July 27, 2009, to appeal the judgment. See Fed.R.App.P. 4(a)(7)(A)(ii). Williams timely filed her notice of appeal on April 8, 2009.

The district court did not err by dismissing Williams's complaint. Williams complains that the Hospital committed federal offenses of assault and bribery, but she lacks standing to bring these charges. See Linda R.S. v. Richard D., 410 U.S. 614, 619, 93 S.Ct. 1146, 1149, 35 L.Ed.2d 536 (1973) ("[A] private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another."). The government, not private citizens, prosecutes crimes. Williams's remaining complaint is that the Hospital committed medical malpractice and caused her personal injuries under Alabama law. The district court lacked jurisdiction to consider that complaint because there is no diversity of citizenship between the parties. 28 U.S.C. § 1332; see MacGinnitie v. Hobbs Group, LLC, 420 F.3d 1234, 1239 (11th Cir. 2005).

The dismissal of Williams's complaint is AFFIRMED.


Summaries of

Williams v. University of Alabama Hosp

United States Court of Appeals, Eleventh Circuit
Nov 25, 2009
353 F. App'x 397 (11th Cir. 2009)

affirming a district court's dismissal of a pro se complaint alleging criminal assault and bribery and citing Linda R.S. v. Richard D., 410 U.S. 614, 619

Summary of this case from Von Alt-Byoune v. Von Alt

affirming the dismissal of a criminal complaint for lack of standing to bring criminal charges

Summary of this case from Jackson v. Drew

affirming the dismissal of a criminal complaint for lack of standing to bring criminal charges

Summary of this case from Jackson v. Drew

dismissing plaintiff's claims of bribery for lack of standing

Summary of this case from Sweeney v. McConnel
Case details for

Williams v. University of Alabama Hosp

Case Details

Full title:Thresa Lynn WILLIAMS, Plaintiff-Appellant, v. UNIVERSITY OF ALABAMA…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Nov 25, 2009

Citations

353 F. App'x 397 (11th Cir. 2009)

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