The following excerpt is from Kent v. Century Manor Tr. Ltd., No. 2:19-cv-01277 MCE AC (PS) (E.D. Cal. 2019):
The complaint seeks relief exclusively for violations of the criminal code. A citizen does not have authority to bring criminal charges. "Criminal proceedings, unlike private civil proceedings, are public acts initiated and controlled by the Executive Branch." Clinton v. Jones,
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520 U.S. 681, 718 (1997). Accordingly, Title 18 of the United States Code does not establish any private right of action and cannot support a civil lawsuit. See Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir. 1980) (criminal provisions provide no basis for civil liability). Accordingly, the complaint fails to state a claim upon which relief could be granted. Neither plaintiff Kent nor CATS (if represented by counsel) could pursue the claims presented in the complaint, which are predicated on alleged violations of the criminal code.
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