Antwone Stokes v. Rose

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8                 IN THE UNITED STATES DISTRICT COURT                    
9               FOR THE CENTRAL DISTRICT OF CALIFORNIA                   
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    ANTWONE STOKES,                  NO. CV 25-3535-ODW (AGR)            
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                                 Plaintiff,  ORDER TO SHOW CAUSE WHY     
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                                     THE CLAIMS AGAINST THE FBI          
              v.                                                         
14                                    DEFENDANTS SHOULD NOT BE            
    CORRECTIONAL OFFICER ROSE, et    DISMISSED WITH PREJUDICE            
15   al.,                                                                 
16                                Respondent.                             
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        Plaintiff, a prisoner proceeding pro se, filed a civil rights complaint on April 
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20  17, 2025.  The complaint names various defendants including the Federal Bureau 
21  of Investigation (“FBI”), FBI Special Agent Moultrie, and FBI Special Agent Harris 
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   (collectively, “FBI Defendants”).  Plaintiff seeks a “full investigation by the FBI into 
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   all my allegations.”  (Compl., Dkt. No. 1 at 17.)  The court orders Petitioner to 
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25  show cause, in writing, on or before July 21, 2025, why the court should not 
26  recommend dismissal of the claims against the FBI Defendants with prejudice. 
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1                                  I.                                    
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                         PROCEDURAL HISTORY                              
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        Plaintiff, who is incarcerated in California State Prison, Los Angeles County 
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5  (“CSP-LAC”), filed a civil rights complaint against the following defendants:  (1) 
6  Correctional Officer Rose; (2) Correctional Officer Costillo; (3) Ms. Young, a cook; 
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   (4) FBI Special Agent Moultrie; (5) the FBI; and (6) FBI Agent Harris.  (Dkt. No. 1 
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   at 1, 14, 15.) 1  All of the individual defendants are sued in their individual 
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10  capacity.                                                             
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                              DISCUSSION                                 
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        To state a claim under § 1983, a plaintiff must allege:  “(1) a violation of 
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15  rights protected by the Constitution or created by federal statute, (2) proximately 
16  caused (3) by conduct of a ‘person’ (4) acting under color of state law.”  Crumpton 
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   v. Gates, 947 F.2d 1418, 1420 (9th Cir. 1991).                        
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        Plaintiff sues the FBI Defendants and seeks a “full investigation by the FBI 
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20  into all my allegations.”  (Compl., Dkt. No. 1 at 17.)                
21       “[T]he Executive Branch has exclusive authority and absolute discretion to 
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   decide whether to prosecute a case.”  United States v. Nixon, 418 U.S. 683, 693 
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   (1974).  A federal court cannot compel the FBI to conduct a criminal investigation.  
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25  See, e.g., Bullock v. Sheela, 2018 U.S. Dist. LEXIS 33733, *6-*7 (E.D. Cal. Feb. 
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27       1 All citations are to the page numbers assigned by CM/ECF in the header 
   of the document.                                                      
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1  |  28, 2018) (“Federal courts cannot instigate criminal investigations and 
    prosecutions, and cannot compel a prosecutorial authority to do so.”); see also 
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4    McKinney v. Mailroom Officer, 2024 U.S. Dist. LEXIS 71710, *8 (D. Haw. Apr.  19, 
5  | 2024) (dismissing claims seeking to compel FBI investigation without leave to 
6 | amend because amendment would be futile). 
                                          lll. 
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                                       ORDER 
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10         The court orders Petitioner to show cause, on or before July 21, 2025, why 
11 |  the court should not recommend dismissal of the claims against the FBI 
V2    Defendants.  If Plaintiff does not timely respond to this Order to Show Cause, the 
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14    court will recommend that the District Court dismiss the claims against the FBI 

15 |  Defendants with prejudice. 
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    DATED:  June 20, 2025 
20                                              ALICIA G. ROSENBERG 
1                                            United States Magistrate Judge 
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