1According to the complaint, the Petite Policy is designed to limit the exercise of power to bring
successive prosecutions for the same offense.
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
JAMES OTIS CATER
* CIVIL ACTION NO. 2:05-CV-808-T
DEBORAH GRIFFIN, AUSA for the
Southern District of Alabama
RECOMMENDATION OF THE MAGISTRATE JUDGE
In this civil proceeding, James Cater, a federal inmate, challenges the conduct of a
federal official in Mobile, Alabama, with respect to her action in filing a federal prosecution
against him based on the same act and/or conduct made the subject of a previous State
prosecution against Plaintiff. Specifically, Plaintiff complains that the named defendant
failed to obtain the requisite approval for such action from the United States Department of
Justice with regard to its Petite Policy and, thus, an appropriate policy statement was never
made a part of his federal criminal record.1 Plaintiff states that he requested in writing that
Defendant take appropriate action regarding his concern over her failure to adhere to the
Petite Policy. He complains, however, that Defendant failed to respond which prompted him
to file the instant action.
Case 2:05-cv-00808-MHT-DRB Document 3 Filed 08/30/2005 Page 1 of 4
Cater v. Griffin(INMATE2)
2Petitioner requests leave to proceed in this action in forma pauperis . (Doc. No. 2.) The assessment
and collection of any filing fee should be undertaken by the United States District Court for the Southern
District of Alabama in accordance with 28 U.S.C. § 1915.
Upon review of the complaint, the court concludes that this case should be transferred
to the United States District Court for the Southern District of Alabama pursuant to 28 U.S.C.
A civil action filed against a federal official “may . . . be brought in any jud