McClintock v. Cooper et al

Filing 53

ORDER signed by Magistrate Judge Kendall J. Newman on 5/14/2020 ORDERING the Clerk to file UNDER SEAL plaintiff's motion requesting that the court refer certain individuals and a state agency to the Justice Department for investigation and criminal prosecution. Plaintiff's motion requesting that the court refer certain individuals and a state agency to the Justice Department for investigation and criminal prosecution is DENIED. (Yin, K)

Case 2:18-cv-00560-JAM-KJN Document 53 Filed 05/15/20 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN McCLINTOCK,

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No. 2: 18-cv-0560 JAM KJN P

Plaintiff,
v.

ORDER

T. COOPER, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On May 13, 2020, plaintiff filed a motion requesting that the court refer

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certain individuals and a state agency to the Justice Department for investigation and criminal

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prosecution. Plaintiff requests that this motion be filed under seal.

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“A private citizen does not have the power to instigate prosecutions of alleged crimes.”

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Johnson v. Westermeyer, 2014 WL 2807667, at * 8 (D. Or. June 19, 2014). The decision to

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investigate or prosecute a person for an alleged violation of a federal criminal statute is left to the

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discretion of the Attorney General of the United States and United States Attorneys. United

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States v. Armstrong, 517 U.S. 456, 464 (1977. The courts lack the power to compel the

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prosecuting authorities to bring criminal charges. See Fields v. Soloff, 920 F.2d 1114, 1118 (2nd

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Cir. 1990); see also Parsons v. Arizona, 2013 WL 4804474, at *4 (D. Ariz. Sept. 9, 2013) (cases

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cited therein). The court cannot compel federal prosecuting agencies to undertake a grand jury
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Case 2:18-cv-00560-JAM-KJN Document 53 Filed 05/15/20 Page 2 of 2
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investigation or return an indictment. Gilbert v. United States Attorney General for California,

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2019 WL 1095131, at *2 (C.D. Cal. Jan. 4, 2019).

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Because neither plaintiff nor the court have the authority to compel the Department of

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Justice to investigate or bring criminal charges, plaintiff’s motion requesting that the court refer

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certain individuals and a state agency to the Department of Justice for investigation and criminal

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prosecution is denied.

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Plaintiff has also requested that his motion for referral to the Department of Justice be

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filed under seal in order to protect the identity of witnesses whose declarations are attached to the

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motion. In an abundance of caution, the undersigned directs the Clerk of the Court to file

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plaintiff’s motion under seal.

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Accordingly, IT IS HEREBY ORDERED that:

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The Clerk of the Court is directed to file under seal plaintiff’s motion requesting that

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the court refer certain individuals and a state agency to the Justice Department for

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investigation and criminal prosecution;

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2. Plaintiff’s motion requesting that the court refer certain individuals and a state agency

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to the Justice Department for investigation and criminal prosecution is denied.
Dated: May 14, 2020

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