Arocha v. CDCR
- Richard Seeborg
- 3:23-cv-01733
- U.S. District Court · Northern District of California
- 4
In Arocha v. CDCR, Judge Seeborg dismissed the first amended complaint with leave to amend and denied Arocha’s motions for protection and fee waiver.
Rudy Arocha must comply with the order’s requirements if he continues the case; CDCR and the other defendants remain named in the action unless changed in a later complaint or order.
What happened
Rudy Arocha sued CDCR and others under a federal civil-rights law. The court said his 61-page first amended complaint was confusing, overly long, and included unrelated allegations involving different defendants, places, and times.
The court dismissed that complaint with permission to file a second amended complaint by May 1, 2024. The new complaint must be no more than 20 pages, focus on one set of closely related claims and defendants, and follow the court’s other filing instructions.
Judge Richard Seeborg denied Arocha’s motion for a protective order and denied his motion to waive court fees because his application to proceed without prepaying fees had already been granted. The order warned that failing to file a proper amended complaint could lead to dismissal of the action.
The detailed version
- Arocha v. CDCR · No. 3:23-cv-01733
- Richard Seeborg
- Mar. 29, 2024
Background
Rudy Arocha filed a first amended complaint under 42 U.S.C. § 1983, a federal law allowing claims for violations of federal rights by a person acting under state law. The court conducted the preliminary review required when a prisoner seeks relief from a governmental entity or officer. Under that review, the court must identify claims that are legally supportable and dismiss claims that are frivolous, malicious, inadequately pleaded, or seek money from an immune defendant.
Why the Complaint Was Dismissed
The court found that the 61-page first amended complaint was confusing, overly long, and raised unrelated claims. The allegations involved different defendants acting at different places and times, including events from the 1990s and events at prisons outside the district. The allegations included mail mishandling, sexual harassment, complaints under the Prison Rape Elimination Act, assaults by inmates, and other matters.
The court concluded that the complaint did not comply with Federal Rule of Civil Procedure 8, which requires a short, plain, simple, concise, and direct statement giving defendants fair notice of the claims. The court also found that the unrelated claims violated Rule 20, which generally requires claims against multiple defendants to arise from the same transaction or occurrence and share a common legal or factual question.
Ruling and Required Amendment
The court dismissed the first amended complaint with leave to file a second amended complaint on or before May 1, 2024. The second amended complaint must be no longer than 20 pages and must focus on one set of defendants whose conduct arises from a common core of facts. It must include all claims and defendants Arocha wishes to pursue, use the required caption and case number, state “SECOND AMENDED COMPLAINT” on the first page, and appear on the court’s form. It may not incorporate material from an earlier complaint by reference.
The court warned that failure to file a proper amended complaint, or failure to follow the order, would result in dismissal of the action under Federal Rule of Civil Procedure 41(b), without further notice. The court also denied Arocha’s motion for a protective order. It denied his motion to waive court fees; the opinion described the denial as moot or unnecessary because his application to proceed without prepaying fees had already been granted. The order did not decide whether Arocha’s underlying factual claims were legally valid.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.