Cruz v. Does 1-50

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ANICETO CRUZ, et al., Case No. 1:25-cv-01278-CDB 12 Plaintiffs, ORDER REQURING PLAINTIFFS TO SHOW CAUSE WHY DEFENDANTS 13 v. STATE OF CALIFORNIA AND NORTH KERN STATE PRISON SHOULD NOT BE 14 STATE OF CALIFORNIA, et al., DISMISSED FROM THIS ACTION 15 Defendants. (Doc. 1) 16 10-DAY DEADLINE 17 18 Plaintiffs Aniceto Cruz, Patricia Flores, Estate of Josafat Bonifacio, minor A.B.T., as 19 successor in interest to Josafat Bonifacio, by and through his purported guardian ad litem Jacqueline 20 M. Torres Maldonado, and minor D.L.M., as successor in interest to Josafat Bonifacio, by and 21 through his purported guardian ad litem, Maritza Plasenia-Mares (collectively, “Plaintiffs”) 22 initiated this action with the filing of a complaint against Defendants State of California and North 23 Kern State Prison (“NKSP”) (collectively, “Defendants”) on September 26, 2025. (Doc. 1).1 24 Upon preliminary review of the complaint, the Court notes that named Defendants State of 25 26 1 Certain of Plaintiffs improperly have referred to themselves pseudonymously without leave of court. See generally Does I thru XXIII v. Advanced Textile Corp., 214 F.3d 1058 (9th Cir. 2000). 27 Moreover, certain of Plaintiffs refer to certain guardians ad litem; however, they have neither proffered appropriate evidence of the appointment of a representative for a minor or incompetent person under state law nor filed a motion for the appointment of a guardian ad litem in this Court. See Fed. R. Civ. P. 17(c); 1 California and North Kern State Prison may be immune from liability for Plaintiffs’ claims for 2 damages and subject to dismissal from this action. Specifically, the Eleventh Amendment prohibits 3 federal courts from hearing suits brought against a nonconsenting state. Munoz v. Super. Ct. of Los 4 Angeles Cnty., 91 F.4th 977, 980 (9th Cir. 2024); Taylor, 880 F.2d at 1045. “This prohibition 5 applies when the “state or the ‘arm of a state’ is a defendant.” Id. (quoting Durning v. Citibank, 6 N.A., 950 F.2d 1419, 1422 (9th Cir. 1991)); see Lucas v. Dep’t of Corr., 66 F.3d 245, 248 (9th Cir. 7 1995) (per curiam). Thus, the Eleventh Amendment bars suits against state agencies as well as 8 those where the state itself is named as a defendant. Nat. Res. Def. Council v. Cal. Dep't of Transp., 9 96 F.3d 420, 421 (9th Cir. 1996). 10 A state’s agency responsible for incarceration and correction of prisoners is a state agency 11 for purposes of the Eleventh Amendment. See Alabama v. Pugh, 438 U.S. 781, 782 (1978) (per 12 curiam). The State of California has not waived its Eleventh Amendment immunity for federal 13 claims under section 1983. Dittman v. California, 191 F.3d 1020, 1025–26 (9th Cir. 1999) (citing 14 Atascadero State Hosp. v. Scanlon, 473 U.S. 234, 241 (1985)); see Brown v. Cal. Dep’t. of Corrs., 15 554 F.3d 747, 752 (9th Cir. 2009) (finding California Department of Corrections and California 16 Board of Prison Terms entitled to Eleventh Amendment immunity). Therefore, insofar as Plaintiffs 17 attempt to sue NKSP, that state entity is immune from suit. 18 Accordingly, Plaintiffs will be ordered to show cause in writing why Defendants State of 19 California and NKSP should not be dismissed from this action as immune defendants. 20 Conclusion and Order 21 For the foregoing reasons, IT IS HEREBY ORDERED that within 10 days from the date 22 of issuance of this order, Plaintiffs SHALL show cause in writing why Defendants State of 23 California and North Kern State Prison should not be dismissed from this action as immune 24 defendants. 25 Any failure by Plaintiffs to comply with this Order will result in the imposition of 26 sanctions, including a recommendation to dismiss the action without prejudice. Fed. R. Civ. 27 P. 41(b) (stating that dismissal is warranted “[i]f the plaintiff fails to … comply 1 | (9th Cir. 2005). 2 | IT IS SO ORDERED. ° Dated: _ October 1, 2025 | MwnnAD RR 4 UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28