Scott v. Palmer et al
Filing
269
ORDER Addressing Notice 262 , signed by Magistrate Judge Sheila K. Oberto on 11/9/15. (Copy of this order served electronicly on 9th Circuit)(Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FLOYD SCOTT,
Plaintiff,
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v.
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Case No. 1:09-cv-01329-SKO (PC)
ORDER ADDRESSING NOTICE
(Doc. 262)
J. PALMER, M. H. LOPEZ, and
R. S. RIVERA,
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Defendants.
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_____________________________________/
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On July 29, 2009, Plaintiff Floyd Scott (“Plaintiff”), a state prisoner proceeding pro se,
18 filed suit pursuant to 42 U.S.C. § 1983. On October 6, 2015, jury trial commenced on Plaintiff’s
19 Eighth Amendment excessive force claims against Defendants Palmer, Lopez, and Rivera. The
20 jury returned a verdict in favor of Defendants on October 8, 2015, and on October 22, 2015,
21 Plaintiff filed a notice regarding his desire to file a criminal perjury complaint against witness C.
22 Love, a correctional officer. Plaintiff seeks the appropriate form if his notice does not suffice.
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The decision whether to bring a federal criminal perjury charge is a discretionary one and
24 it rests exclusively with the Department of Justice. 28 U.S.C. § 547(1); Wayte v. United States,
25 470 U.S. 598, 607, 105 S.Ct. 1524 (1985); Hantzis v. Grantland, 772 F.Supp.2d 1, 4 (D.D.C.
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1 2009).
The judicial branch is not involved, and Plaintiff’s notice is HEREBY DEEMED
2 ADDRESSED.
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IT IS SO ORDERED.
5 Dated:
November 9, 2015
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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