DISCUSSION

13 To state a claim under § 1983, a plaintiff must allege: “(1) a violation of 14 15 rights protected by the Constitution or created by federal statute, (2) proximately 16 caused (3) by conduct of a ‘person’ (4) acting under color of state law.” Crumpton 17 v. Gates, 947 F.2d 1418, 1420 (9th Cir. 1991). 18 Plaintiff sues the FBI Defendants and seeks a “full investigation by the FBI 19 20 into all my allegations.” (Compl., Dkt. No. 1 at 17.) 21 “[T]he Executive Branch has exclusive authority and absolute discretion to 22 decide whether to prosecute a case.” United States v. Nixon, 418 U.S. 683, 693 23 (1974). A federal court cannot compel the FBI to conduct a criminal investigation. 24 25 See, e.g., Bullock v. Sheela, 2018 U.S. Dist. LEXIS 33733, *6-*7 (E.D. Cal. Feb. 26

27 1 All citations are to the page numbers assigned by CM/ECF in the header of the document. 28 1 | 28, 2018) (“Federal courts cannot instigate criminal investigations and prosecutions, and cannot compel a prosecutorial authority to do so.”); see also 3 4 McKinney v. Mailroom Officer, 2024 U.S. Dist. LEXIS 71710, *8 (D. Haw. Apr. 19, 5 | 2024) (dismissing claims seeking to compel FBI investigation without leave to 6 | amend because amendment would be futile). lll. 8

ORDER

9 10 The court orders Petitioner to show cause, on or before July 21, 2025, why 11 | the court should not recommend dismissal of the claims against the FBI V2 Defendants. If Plaintiff does not timely respond to this Order to Show Cause, the 13 14 court will recommend that the District Court dismiss the claims against the FBI

15 | Defendants with prejudice. 16 17 8 Rca. M6 19 ( | Cunbicngy DATED: June 20, 2025 20 ALICIA G. ROSENBERG 1 United States Magistrate Judge 22 23 24 25 26 27 28