Raymond Montezello v. Pesce, et al.

Summary

The document contains findings and recommendations in a prisoner civil-rights action under 42 U.S.C. § 1983 in the Eastern District of California. The magistrate judge recommends denying the plaintiff’s motion to file a shareholder derivative action and striking his related notice because the California Department of Corrections and Rehabilitation is a state agency rather than a corporation.

Holdings

1. The requested shareholder derivative action was inapt because the California Department of Corrections and Rehabilitation is a state agency, not a corporation; the magistrate judge therefore recommended denying the motion and striking the notice.

Questions Presented

1. Whether plaintiff could add or e-file a shareholder derivative action concerning the California Department of Corrections and Rehabilitation in his existing § 1983 action.

Disposition

other