Ruiz v. Mobert

Filing 18

ORDER Striking Complaint and Requiring Plaintiff to File Complaint in English Language within Thirty Days, signed by Magistrate Judge Barbara A. McAuliffe on 9/15/17. Thirty Day Deadline. (Attachments: # 1 Complaint Form)(Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROGELIO MAY RUIZ,

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Plaintiff,
v.

Case No.: 1:17-cv-00709-AWI-BAM (PC)
ORDER STRIKING COMPLAINT AND
REQUIRING PLAINTIFF TO FILE
COMPLAINT IN ENGLISH LANGUAGE
WITHIN THIRTY DAYS

R. MOBERT,
(ECF No. 1)
Defendant.
THIRTY-DAY DEADLINE

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Plaintiff Rogelio May Ruiz is a state prisoner proceeding pro se and in forma pauperis in

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this civil action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(1)(B) and Local Rule 302.

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Currently before the Court is Plaintiff’s complaint, filed on December 23, 2016. (ECF No.

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1.) The Court is required to screen complaints brought by prisoners seeking relief against a

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governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. §

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1915A(a). In preparing to screen the complaint, the Court notes that it indicates that Plaintiff

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brings suit against Correctional Officer R. Mobert, who is employed at CSTAF Corcoran Prison,

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for excessive force in violation of the Eighth Amendment. However, other than a few filled-in

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blanks and checked boxes, Plaintiff’s complaint is not written in the English language. The

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supportive facts for his claim, relief requested, previous lawsuit and administrative relief sections

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of the complaint form are written in the Spanish language.

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As Plaintiff has been previously informed, all federal court filings must be in the English

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language. The Court cannot provide Plaintiff with translated documents, nor will it translate his

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documents from Spanish into English.

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Plaintiff previously informed the Court that he cannot read or write in the English

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language. However, several of Plaintiff’s recent submissions have all been translated into English

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by an unnamed translator. It is in the discretion of prison officials to best determine how to ensure

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that “inmates with language problems have a reasonably adequate opportunity to file nonfrivolous

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legal claims challenging their convictions or conditions of confinement.” Lewis v. Casey, 518

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U.S. 343, 356, 116 S. Ct. 2174, 2182, 135 L. Ed. 2d 606 (1996). The use of jailhouse lawyers is

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one recognized avenue available to ensure that non-English speaking and/or illiterate inmates

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have meaningful access to the courts. Id. at 356-57. (1996). Plaintiff should continue to seek

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assistance at his institution for translation services, and is not precluded from filing any motion

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for a reasonable extension of time to comply with this order, if necessary.

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Based on the foregoing, it is HEREBY ORDERED that:

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1.

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Plaintiff’s complaint, filed December 23, 2016 (ECF No. 1), is STRICKEN from

the record as not written in the English-language;

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2.

The Clerk’s Office SHALL send to Plaintiff a civil rights complaint form;

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3.

Within thirty (30) days from the date of service of this order, Plaintiff SHALL file

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a complaint or a notice of voluntary dismissal; and
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Plaintiff is warned that the failure to comply with this order will result in

dismissal of this action.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 15, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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