(PC) Fordjour v. CDCR Warden of Both Avenal State Prisons et al Doc.

Case 1:07-cv-01114-LJO-SMS Document 3 Filed 08/06/2007 Page 1 of 2

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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9 CHARLES FORDJOUR, CASE NO. 1:07-cv-01114-LJO-SMS PC
10 Plaintiff, ORDER DISMISSING ACTION
11 v. (Doc. 1)
12 CDCR WARDENS, et al., ORDER DIRECTING CLERK’S OFFICE TO
SEND PLAINTIFF A CIVIL RIGHTS
13 Defendants. COMPLAINT FORM
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15 Charles Fordjour is a state prisoner proceeding pro se in this action. On July 26, 2007,
16 Fordjour filed a self-titled “Criminal Complaint” pursuant to 18 U.S.C. § 241 and 18 U.S.C. § 242
17 against prison officials. (Doc. 1.) Fordjour may not file a criminal complaint against defendants,
18 28 U.S.C. § 547; Ivey v. National Treasury Employees Union, No. 05-1147 (EGS), 2007 WL
19 915229, *5 (D.D.C. Mar. 27, 2007), and Fordjour does not have a private right of action to sue
20 defendants civilly for violating sections 241 and 242, which are criminal code sections, Allen v. Gold
21 Country Casino, 464 F.3d 1044, 1048 (9th Cir. 2006) (citing Aldabe v. Aldabe, 616 F.2d 1089, 1092
22 (9th Cir. 1980)). This action must be dismissed.
23 The Court will provide Fordjour with a civil rights complaint form. If Fordjour wishes to
24 file a civil suit against prison officials for conditions of confinement which allegedly violate his
25 federal or constitutional rights, he may seek redress under 42 U.S.C. § 1983 by completing and
26 submitting a civil rights complaint form. However, Fordjour may not proceed on the instant criminal
27 complaint for violation of sections 241 and 242.
28 ///

Dockets.Justia.com
 Case 1:07-cv-01114-LJO-SMS Document 3 Filed 08/06/2007 Page 2 of 2

1 Based on the foregoing, this action is DISMISSED, and the Clerk’s Office shall send plaintiff
2 a civil rights complaint form.
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4 IT IS SO ORDERED.
5 Dated: August 3, 2007 /s/ Lawrence J. O'Neill
b9ed48 UNITED STATES DISTRICT JUDGE
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