Green v. Hedgpeth et al

Filing 4

ORDER DISMISSING Action and Directing Clerk's Office to Send Plaintiff a Civil Rights Complaint Form signed by Judge Oliver W. Wanger on 08/14/2007. CASE CLOSED. (Attachments: # 1 1983 instructions & complaint)(Esteves, C)

(PC) Green v. Hedgpeth et al

Doc. 4

Case 1:07-cv-01130-OWW-WMW

Document 4

Filed 08/14/2007

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 A. HEDGPETH, et al., 13 Defendants. 14 15 Plaintiff is a state prisoner proceeding pro se in this action. On August 2, 16 2007, Plaintiff initiated this action by the filing of a document that appears to be a civil 17 complaint. The letter sets forth allegations of criminal conduct by certain officials 18 employed by the California Department of Corrections and Rehabilitation. Plaintiff 19 requests that a criminal investigation be conducted and that federal criminal charges be 20 filed. 21 Plaintiff may not file a criminal complaint against Defendant prison officials. 22 Ivey v. National Treasury Employees Union, No. 05-1147 (EGS), 2007 WL 915229, 5 23 (D.D.C Mar. 27, 2007). Plaintiff does not have a private right of action to sue Defendants 24 civilly for violating criminal code sections. Allen v. Gold Country Casino, 464 F.3d 1044, 25 1048 (9th Cir. 2006)(citing Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir. 1980)). This 26 1 vs. LONZELL GREEN, Plaintiff, CV F 07 1130 OWW WMW P ORDER DISMISSING ACTION AND DIRECTING CLERK'S OFFICE TO SEND PLAINTIFF A CIVIL RIGHTS COMPLAINT FORM IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Dockets.Justia.com

Case 1:07-cv-01130-OWW-WMW

Document 4

Filed 08/14/2007

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

action must therefore be dismissed. The Court will provide Plaintiff with a civil rights complaint form. If Plaintiff wishes to file a civil suit against prison officials for conditions of confinement that violate his federal or constitutional rights, he may seek redress under 42 U.S.C. § 1983 by completing and submitting a civil rights complaint form. However, Plaintiff may not proceed with his request for a criminal investigation filed on August 2, 2007. Accordingly, IT IS HEREBY ORDERED that: 1. This action is dismissed. 2. The Clerk's Office shall send to Plaintiff a civil rights complaint form.

IT IS SO ORDERED. Dated: August 14, 2007 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

2