(PC) Montezello v. Pesce ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RAYMOND MONTEZELLO aka ROY A. No. 2:21-cv-00906-KJM-EFB (PC) MONTES, 12 Plaintiff, 13 ORDER v. 14 PESCE, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. He has filed a “Request for Investigation under the CRIPA Act,” citing 42 U.S.C. 19 § 1997. ECF No. 29. As discussed below, the court cannot grant plaintiff’s requested relief, and 20 his motion is therefore denied. 21 The Civil Rights of Institutionalized Persons Act (“CRIPA”) does not authorize a private 22 right of action. See McRorie v. Shimoda, 795 F.2d 780, 782 n. 3 (9th Cir. 1986); Cooper v. 23 Sumner, 672 F. Supp. 1361, 1367 (D. Nev. 1987). Rather, it permits the Attorney General of the 24 United States to institute or intervene in a civil action to protect institutionalized persons against a 25 pattern of violations of their rights. See 42 U.S.C. § 1997a-c. CRIPA does not authorize this 26 court to order an investigation on plaintiff’s behalf. 27 ///// 28 ///// ] Accordingly, IT IS ORDERED that plaintiff's Request for Investigation under the CRIPA 2 || Act (ECF No. 29) is DENIED. 3 4 | Dated: December 9, 2022. □□ PDEA EDMUND F. BRENNAN 5 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28