(PS) Coxon v. United States District Court ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN COXON, Case No. 2:21-cv-00792-KJM-JDP (PS) 12 Plaintiff, SCREENING ORDER 13 v. ECF No. 1 14 UNITED STATES DISTRICT COURT, ORDER GRANTING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS 15 Defendant. ECF No. 2 16 FINDINGS AND RECOMMENDATIONS 17 THAT THIS CASE BE DISMISSED 18 OBJECTIONS DUE WITHIN 14 DAYS 19 20 ORDER 21 Plaintiff moves to proceed without prepaying filing fees. ECF No. 2. Plaintiff’s affidavit 22 satisfies the relevant requirements, see 28 U.S.C. § 1915(a), and so the motion, ECF No. 2, is 23 granted. 24 FINDINGS AND RECOMMENDATIONS 25 Having granted plaintiff’s motion to proceed in forma pauperis, this complaint is now 26 subject to screening. See 28 U.S.C. § 1915(e). The court must dismiss any action filed in forma 27 pauperis that is frivolous, malicious, fails to state a claim upon which relief may be granted, or 28 1 | that seeks monetary relief against a defendant who is immune from suit. 28 U.S.C. 2 | § 1915(e)(2)(B). 3 Plaintiff brings this case as an attempt to have crimes investigated and criminal charges 4 | brought against unnamed individuals. ECF No. 1. Citizens cannot bring criminal charges or 5 || compel the government to bring criminal charges. Further, “criminal statutes . . . do not give rise 6 | to civil liability.” Allen v. Gold Country Casino, 464 F.3d 1044, 1048 (9th Cir. 2006). Thus, the 7 | complaint fails to state a claim upon which relief can be granted and leave to amend would be 8 | futile. 9 Accordingly, it is recommended that plaintiff's case be dismissed with prejudice for 10 | failure to state a claim. 11 I submit these findings and recommendations to the district judge under 28 U.S.C. 12 | § 636(b)(1)(B) and Rule 304 of the Local Rules of Practice for the United States District Court, 13 Eastern District of California. Plaintiff may, within 14 days of the service of the findings and 14 | recommendations, file written objections to the findings and recommendations with the court. 15 | Such objections should be captioned “Objections to Magistrate Judge’s Findings and 16 | Recommendations.” The district judge will review the findings and recommendations under 28 17 | U.S.C. § 636(b)1)(C). 18 19 IT IS SO ORDERED. 20 ( q oy — Dated: _ December 2, 2021 21 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28