Cardenas v. Becerra
- Charles Breyer
- 3:20-cv-07372
- U.S. District Court · Northern District of California
- 1
In Cardenas v. Becerra, Judge Breyer dismissed the action without prejudice after Cardenas failed to amend his unclear complaint, allowing refiling in Eastern District.
Danny Cardenas, whose action was dismissed without prejudice after he did not file the required amended complaint; the defendants were affected by the closure of the case.
What happened
Cardenas v. Becerra involved a complaint that the court said was too unclear to show who Cardenas was suing, what relief he wanted, or the legal basis for his claims. The court had ordered him to file a short, clear amended complaint within 28 days.
More than 28 days passed, but Cardenas did not file an amended complaint or ask for more time. A letter suggested that his claims involved events or omissions at the California Medical Facility in Vacaville, which is in the Eastern District of California.
The court dismissed the action without prejudice to bringing it in the Eastern District of California. Judge Breyer also directed the clerk to close the file and end all pending motions as moot.
The detailed version
- Cardenas v. Becerra · No. 3:20-cv-07372
- Charles Breyer
- Apr. 12, 2021
Background
On March 11, 2021, the court dismissed Cardenas’s complaint but allowed him to amend it. The court said the complaint was so unclear that it was nearly impossible to determine who Cardenas was suing and what relief he sought. The court ordered him to file a simple and concise amended complaint satisfying Federal Rule of Civil Procedure 8(a)(2), which requires a short and plain statement of the claim. The court warned that failing to file a proper complaint within 28 days would result in dismissal of the action.
More than 28 days passed. Cardenas did not file an amended complaint and did not request an extension of time. A letter he had filed before the March 11 order was processed suggested that his claims involved events or omissions at the California Medical Facility in Vacaville, Solano County. The court stated that this location lies within the venue of the United States District Court for the Eastern District of California.
Ruling
The court dismissed the action without prejudice to bringing it in the Eastern District of California. It also directed the clerk to close the file and terminate all pending motions as moot. The opinion did not decide the underlying merits of Cardenas’s claims.
Effect
The dismissal was without prejudice, meaning the order did not bar Cardenas from bringing the matter in the Eastern District of California. The opinion does not provide further details about the claims or identify the additional defendants listed as “et al.”
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.