Quiroga v. Chapa

Filing 33

ORDER denying 32 Motion to add Jurisdiction under 18 USC 242 signed by Magistrate Judge Stanley A. Boone on 2/22/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MONICO J. QUIROGA,

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Plaintiff,
v.
C. CHAPA,
Defendant.

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Case No. 1:16-cv-00071-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION TO
ADD JURISDICTION UNDER 18 U.S.C. § 242
[ECF No. 32]

At the time of filing the instant civil rights action pursuant to 42 U.S.C. § 1983, Plaintiff was a

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Plaintiff is proceeding pro se and in forma pauperis in this action. Pursuant to 28 U.S.C. § 636(c),

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Plaintiff consented to the jurisdiction of the United States Magistrate Judge on February 16, 2016.

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Local Rule 302.

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Currently before the Court is Plaintiff’s motion to add jurisdiction under 18 U.S.C. § 242, filed
February 21, 2017. Plaintiff’s motion must be denied.

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To state a claim under § 1983, a plaintiff must plead that the named defendant (1) acted

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“under color of state law” and (2) “deprived the plaintiff of rights secured by the Constitution or

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federal statutes.” Gibson v. United States, 781 F.2d 1334, 1338 (9th Cir. 1986); Long v. County of

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Los Angeles, 442 F.3d 1178, 1185 (9th Cir. 2006). This action is proceeding under 42 U.S.C. § 1983

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against Defendant Chapa for sexual assault in violation of the Fourteenth Amendment of the United

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States Constitution.
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Plaintiff is advised that 18 U.S.C. § 242 criminalizes the deprivation of rights under color of

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law and provides no basis for civil liability. See Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir.

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1980). Accordingly, Plaintiff’s motion to add jurisdiction under 18 U.S.C. § 242, must be denied.

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IT IS SO ORDERED.

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Dated:

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February 22, 2017
UNITED STATES MAGISTRATE JUDGE

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