` FILED

UNITED sTArEs DISTRICT CoURr FEB 1 5 zg"
FoR THE DISTRICT oF coLuMBlA cien<, u_s_ D,st,i,,t 3_ Bank,u
Courts for the District of Columb;a
Chris Hepbum, )
)
Petitioner, ) 
) » »
v. ) Civil Action No. 1 
)
Robert Mueller, )
)
Respondent. )

MEMORANDUM OPINION

This matter, brought pro se, is before the Court on its initial review of the petition for a
writ of mandamus and application for leave to proceed in forma pauperis ("IFP"). The Court
will grant the IFP application and dismiss the case. Pursuant to 28 U.S.C. § l9l5(e), the Court is
required to dismiss a civil action upon a determination that it, among other grounds, fails to state
a claim upon which relief can be granted. 28 U.S.C. § l9l5(e)(2)(B)(ii).

Petitioner, a resident of Waterford, Ireland, sues the Director of the Federal Bureau of
Investigation. He seeks to compel the FBl to investigate an alleged "theft of funds from [his] late
daughter’s charity." Compl. at 2. The extraordinary remedy of a writ of mandamus is available
to compel an "officer or employee of the United States or any agency thereof to perform a duty
owed to plaintiff." 28 U.S.C. § 1361. The petitioner bears a heavy burden of showing that his
right to a writ of mandamus is "clear and indisputable." In re Cheney, 406 F.3d 723, 729 (D.C.
Cir. 2005) (citation omitted). "It is well-settled that a writ of mandamus is not available to
compel discretionary acts." Cox v. Sec'y ofLabor, 739 F. Supp. 28, 30 (D.D.C. l990) (citing

cases).

The United States Attorney General has absolute discretion in deciding whether to
investigate claims for possible criminal or civil prosecution. This Court has no authority to
compel the Attorney General via the FBl to investigate suspected criminal activity. See
Shoshone-Barznock Tribes v. Reno, 56 F.3d 1476, 1480 (D.C. Cir. l995) (citing Powell v.
Katzerzbach, 359 F.Zd 234-35 (1965)) (other citations omitted). The Court therefore will dismiss

the case. A separate Order accompanies this Memorandum Opinion.

'i
,' ,/ ' _ f
cL United States Distrfct Judge l
Date: February [@ , 2011

