Arden v. Liberty University

Filing 23

ORDER CONTINUING MOTION TO DISMISS; DIRECTING PLAINTIFF TO COMPLETE ECF REGISTRATION AND UPDATE CONTACT INFORMATION re 14 MOTION for waiver of PACER fees filed by Reidar Arden, 15 MOTION to Dismiss Plaintiff's Complaint filed by Liberty University. Motion Hearing set for 11/28/17 is CONTINUED to 1/16/2018 02:00 PM in Courtroom 1, 4th Floor, Oakland before Judge Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 11/22/17. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 11/22/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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REIDAR ARDEN,
Plaintiff,

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vs.

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LIBERTY UNIVERSITY,

United States District Court
Northern District of California

ORDER CONTINUING MOTION TO DISMISS;
DIRECTING PLAINTIFF TO COMPLETE ECF
REGISTRATION AND UPDATE CONTACT
INFORMATION
Re: Dkt. No. 14, 15

Defendant.

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CASE NO. 17-cv-04850-YGR

I.

MOTION TO DISMISS

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The Motion of Liberty University to Dismiss Complaint (Dkt No. 15) is CONTINUED to

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January 16, 2018, at 2:00 p.m. in Courtroom 1, Federal District Courthouse, 1301 Clay Street,

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Oakland.

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Plaintiff Reider Arden’s initial filing document here was not labeled a complaint,1 but the

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Court treats it as such. That complaint indicated that Arden’s claim was based upon federal civil

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rights violations, and the cover sheet filed by Arden indicated the federal statute at issue was 42

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U.S.C. section 1983. Liberty seeks to dismiss, arguing that no section 1983 claim can be stated

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against it because it is not a state actor.

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In response, Arden does not contend that he properly alleged a section 1983 claim, but

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instead indicates that he seeks a continuance to allege a different federal right was violated. Arden

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has indicated that he would seek to file an amended complaint under section 504 of the federal

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Rehabilitation Act, 29 U.S.C. § 794, or some other claim, based upon Liberty University’s refusal

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to process his FAFSA application for federal student aid. However, he has not yet filed an

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amended complaint stating the basis for his claim against defendant Liberty University.

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The initiating document here was entitled “Motion To File For Violation Of Petitioner's
Federal Civil Rights By Liberty University For Blocking Petitioner From Receiving Student
Financial Aid From Us Government Agency FAFSA.”

The Court therefore continues the hearing on the motion to dismiss to permit Arden to file

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an amended complaint no later than December 15, 2017. Liberty may file a supplemental

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memorandum in support of the motion to dismiss no later than December 29, 2017.
In amending the complaint, Arden should note that a complaint is “a short and plain

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statement of the claim showing that the pleader is entitled to relief,” as required by Rule 8 of the

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Federal Rules of Civil Procedure. Arden does not need to submit evidence in support of his

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claim.
The Court advises Arden that a Handbook for Pro Se Litigants, which contains helpful

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information about proceeding without an attorney, is available in the Clerk’s office or through the
Court’s website, http://cand.uscourts.gov/pro-se .
The Court also advises Arden that additional assistance may be available by making an

United States District Court
Northern District of California

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appointment with the Legal Help Center. There is no fee for this service. To make an

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appointment with the Legal Help Center in San Francisco, Plaintiff may visit the San Francisco

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Courthouse, located at 450 Golden Gate Avenue, 15th Floor, Room 2796, San Francisco,

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California, 94102, or call 415/782-9000 (ext. 8657). To make an appointment with the Legal Help

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Center in Oakland, plaintiff may visit the Oakland Courthouse, located at 1301 Clay Street, 4th

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Floor, Room 470S, Oakland, California, 94612, or call 415/782-8982. The Help Center’s website

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is available at http://www.cand.uscourts.gov/helpcentersf.

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II.

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ELECTRONIC FILING REGISTRATION
The Plaintiff Reidar Arden has filed a motion to request waiver of PACER fees. (Dkt. No.

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14.) Arden was previously granted In Forma Pauperis status, meaning that Arden need not pay

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any filing fees.

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Arden was also granted permission to file documents electronically on the Court’s
electronic case filing (ECF) system. This permission was granted on condition that Arden register
as an Electronic Case Filing User on the Court’s website. Electronic filing as requires that Arden
have regular access to: (1) a computer with internet access; (2) an email account on a daily basis to
receive notifications from the Court and notices from the e-filing system; (3) a scanner to convert
documents that are only in paper format into electronic files; (4) a printer or copier to create
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required paper copies such as chambers copies; (5) a word-processing program to create

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documents; and (6) a pdf reader and a pdf writer to convert word processing documents into pdf

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format, the only electronic format in which documents can be e-filed.

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Specifically, Plaintiff must follow the registration procedure set forth on the Court’s

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website at https://ecf.cand.uscourts.gov/cand/newreg/index.html. Once Plaintiff completes the

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registration procedure and receives an e-filing password from the ECF Help Desk, Plaintiff shall

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electronically file a notice confirming registration.

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If such notice is filed, Defendant, if and when served, shall be relieved of the duty to serve
Plaintiff with paper copies of electronically-filed documents. If Arden is unable to comply with
these requirements, electronic filing status will be withdrawn.

United States District Court
Northern District of California

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Arden is further reminded that he must keep the Court informed of any change of address

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or contact information, and must comply with the Court's orders in a timely fashion. Pursuant to

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Northern District Local Rule 3-11, a party proceeding without an attorney (pro se) whose address

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changes while an action is pending must promptly file a notice of change of address specifying the

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new address.

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IT IS SO ORDERED.

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Dated: November 22, 2017
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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