(PC) Ruiz v. Rojas
Filing
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ORDER STRIKING #1 Complaint, with Leave to Amend, signed by Magistrate Judge Gary S. Austin on 11/17/2022. Deadline to File Amended Complaint in the English Language: 12/21/2022. (Rivera, O)
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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,
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v.
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ROJAS,
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Defendant.
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1:22-cv-01345-GSA-PC
ORDER STRIKING COMPLAINT, WITH
LEAVE TO AMEND
(ECF No. 1.)
DEADLINE TO FILE AMENDED
COMPLAINT WRITTEN IN THE ENGLISH
LANGUAGE: DECEMBER 21, 2022
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I.
BACKGROUND
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Rogelio May Ruiz (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis
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with this civil rights action pursuant to 42 U.S.C. § 1983. On October 21, 2022, Plaintiff filed
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the Complaint commencing this action. (ECF No. 1.)
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II.
COMPLAINT WRITTEN IN LANGUAGE OTHER THAN ENGLISH
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Plaintiff’s Complaint is improper because it is largely written in the Spanish language.
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The court does not accept complaints or other case documents written in a language other than
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English, and the court shall not respond using a language other than English. There are no
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appropriated funds available to translate court documents from a foreign language to English or
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vice versa. Spanish translations and interpreters are not required in civil cases such as this one
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under either California or Federal law. See, e.g., United States v. Si, 333 F.3d 1041, 1044 n.3
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(9th Cir. 2002).
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A Pacer search reveals that Plaintiff is no stranger to the federal courts. Ruiz v. Stane,
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No. 1:22-CV-236-HBK, 2022 WL 1103940, at *2 (E.D. Cal. Apr. 13, 2022). Motions and court
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filings must be in English. Ruiz v. Stane, No. 122CV00236HBKPC, 2022 WL 1490416, at *1
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(E.D. Cal. May 11, 2022). The Court has warned Plaintiff about this requirement on many
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occasions. Id. (citing see e.g., Ruiz v. Mobert, Case No. 1:17-cv-709-AWI-BAM (E.D. Cal.
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2017) (Doc. No. 18) striking the complaint and directing Plaintiff to file Complaint written in
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English); Ruiz v. Curry, Case No. 1:17-cv-1454-DAD-SAB (E.D. Cal. 2017) (Doc. No. 11)
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directing Plaintiff to file an amended complaint because the complaint was written in both
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English and Spanish); Ruiz v. Woodfill, Case No. 2:20-cv-205-KJM-AC, 2021 WL 606255, at
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*1 (E.D. Cal. Jan. 28, 2021) (reviewing motion for reconsideration and advising Plaintiff he must
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file pleadings in English); Ruiz v. Woodfill, Case No. 2:19-cv-2118-MCE-KJN, 2021 WL
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1060141, at *1-*2 (E.D. Cal. March 18, 2021) (noting a number of cases in which Plaintiff has
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been advised to file pleadings written in English and further providing documentation that
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Plaintiff falsely alleges he cannot write or understand English)). Historically Plaintiff has filed
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pleadings and complaints in English at times. Ruiz, 2022 WL 1490416, at *2) (citing Ruiz v.
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Mobert, Case No. 1:17-cv-709-AWI-BAM (E.D. Cal. 2017) (Doc. No. 18); Ruiz v. Orozco, No.
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1:19-cv-0048-AWI-GSA (E.D. Cal.) (noting Plaintiff filed his initial complaint in English with
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no notation the was assisted by another prisoner); Ruiz v Sadler, Case NO. 2:19-cv-147EFBN
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(E.D. Cal.) (same)). The Court cannot provide Plaintiff with translated documents, nor will it
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translate his documents from Spanish into English.
Therefore, Plaintiff’s Complaint shall be stricken1 from the record as improperly filed,
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with leave to file an amended complaint written in the English language.
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II.
CONCLUSION
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Based on the foregoing, IT IS HEREBY ORDERED that:
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1.
Plaintiff’s Complaint, filed on October 21, 2022, is STRICKEN from the record;
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When a document is stricken, it becomes a nullity and is not considered by the court for
any purpose.
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complaint written in the English language;
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Plaintiff is granted until December 21, 2022, in which to file an amended
Plaintiff shall title the amended complaint “First Amended Complaint” using the
case number 1:22-cv-00345-GSA-PC; and
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Plaintiff’s failure to comply with this order shall result in a recommendation that
this case be dismissed in its entirety.
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IT IS SO ORDERED.
Dated:
November 17, 2022
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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