Pesce

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RAYMOND MONTEZELLO, No. 2:21-cv-00906-DJC-EFB (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS PESCE, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought pursuant to 42 U.S.C. § 1983. The matter is ready to proceed to trial. Plaintiff has filed a motion “to e-file a shareholder’s derivative action.” ECF No. 71. Such an action is “an extraordinary process where courts permit a shareholder to step into the corporation’s shoes and to seek in its right the restitution he could not demand in his own.” Quinn v. Anvil Corp., 620 F.3d 1005, 1012 (9th Cir. 2010) (internal quotation marks omitted). Plaintiff herein proceeds against three correctional officers. From the motion, it appears that the “corporation” plaintiff seeks to represent is the California Department of Corrections and Rehabilitation. However, this entity is not a corporation, but rather an agency of the state of…