Cooper

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN McCLINTOCK, No. 2: 18-cv-0560 JAM KJN P Plaintiff, v. ORDER T. COOPER, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. On May 13, 2020, plaintiff filed a motion requesting that the court refer certain individuals and a state agency to the Justice Department for investigation and criminal prosecution. Plaintiff requests that this motion be filed under seal. “A private citizen does not have the power to instigate prosecutions of alleged crimes.” Johnson v. Westermeyer, 2014 WL 2807667, at * 8 (D. Or. June 19, 2014). The decision to investigate or prosecute a person for an alleged violation of a federal criminal statute is left to the discretion of the Attorney General of the United States and United States Attorneys. United States v. Armstrong, 517 U.S. 456, 464 (1977. The courts lack the power to compel the 26 …