Pesce

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAYMOND MONTEZELLO, No. 2:21-cv-00906-DJC-EFB (PC) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 PESCE, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought pursuant to 42 18 U.S.C. § 1983. The matter is ready to proceed to trial. Plaintiff has filed a motion “to e-file a 19 shareholder’s derivative action.” ECF No. 71. Such an action is “an extraordinary process where 20 courts permit a shareholder to step into the corporation’s shoes and to seek in its right the 21 restitution he could not demand in his own.” Quinn v. Anvil Corp., 620 F.3d 1005, 1012 (9th Cir. 22 2010) (internal quotation marks omitted). Plaintiff herein proceeds against three correctional 23 officers. From the motion, it appears that the “corporation” plaintiff seeks to represent is the 24 California Department of Corrections and Rehabilitation. However, this entity is not a 25 corporation, but rather an agency of the state of…