In regards to ratification of commencement and real party in interest(FRCP 17), can I object with a motion (.....?) for dismissal when prosecutor becomes the plaintiff as colorable real party in interest?
Given your expression “ratification of commencement” the best I can make of your post is that you are going down for the count in facing an aggressive, well-prepared federal prosecutor whom in your mind’s eye is the real fiend in the case and not the prosecutor’s employee, the federal government.
And you are considering invoking Rule 17(a)(3) with a motion to dismiss the lawsuit on the grounds that the prosecutor is the real party in interest and not his employer the USA.
Because that is the only section in Rule 17 where the words “ratify/ratification” are mentioned.
And there only in the sense that if the motion were well taken (which it won’t be), the real died-in-the-wool, 100% real party interest is given a reasonable time to join,
ratify or substitute in the action.
If this is the approach you are thinking about, then abandon it and begin looking for different straws and larger loopholes. And perhaps better professional representation.
Good luck with whatever
