United States District Court, N.D. California
ORDER CONTINUING MOTION TO DISMISS; DIRECTING
PLAINTIFF TO COMPLETE ECF REGISTRATION AND UPDATE CONTACT
INFORMATION RE: DKT. NO. 14, 15
Gonzalez Rogers United States District Court Judge
Motion to Dismiss
Motion of Liberty University to Dismiss Complaint (Dkt No.
15) is Continued to January 16,
2018, at 2:00 p.m. in Courtroom 1, Federal District
Courthouse, 1301 Clay Street, Oakland.
Reider Arden's initial filing document here was not
labeled a complaint,  but the Court treats it as such. That
complaint indicated that Arden's claim was based upon
federal civil rights violations, and the cover sheet filed by
Arden indicated the federal statute at issue was 42 U.S.C.
section 1983. Liberty seeks to dismiss, arguing that no
section 1983 claim can be stated against it because it is not
a state actor.
response, Arden does not contend that he properly alleged a
section 1983 claim, but instead indicates that he seeks a
continuance to allege a different federal right was violated.
Arden has indicated that he would seek to file an amended
complaint under section 504 of the federal Rehabilitation
Act, 29 U.S.C. § 794, or some other claim, based upon
Liberty University's refusal to process his FAFSA
application for federal student aid. However, he has not yet
filed an amended complaint stating the basis for his claim
against defendant Liberty University.
Court therefore continues the hearing on the motion to
dismiss to permit Arden to file an amended complaint
no later than December 15, 2017. Liberty may
file a supplemental memorandum in support of the motion to
dismiss no later than December 29, 2017.
amending the complaint, Arden should note that a complaint is
“a short and plain statement of the claim showing that
the pleader is entitled to relief, ” as required by
Rule 8 of the Federal Rules of Civil Procedure. Arden
does not need to submit evidence in support
of his claim.
Court advises Arden that a Handbook for Pro Se Litigants,
which contains helpful information about proceeding without
an attorney, is available in the Clerk's office or
through the Court's website,
Court also advises Arden that additional assistance may be
available by making an appointment with the Legal Help
Center. There is no fee for this service. To make an
appointment with the Legal Help Center in San Francisco,
Plaintiff may visit the San Francisco Courthouse, located at
450 Golden Gate Avenue, 15th Floor, Room 2796, San Francisco,
California, 94102, or call 415/782-9000 (ext. 8657). To make
an appointment with the Legal Help Center in Oakland,
plaintiff may visit the Oakland Courthouse, located at 1301
Clay Street, 4th Floor, Room 470S, Oakland, California,
94612, or call 415/782-8982. The Help Center's website is
Electronic Filing Registration
Plaintiff Reidar Arden has filed a motion to request waiver
of PACER fees. (Dkt. No. 14.) Arden was previously granted In
Forma Pauperis status, meaning that Arden need not pay any
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 required paper
copies such as chambers copies; (5) a word-processing program
to create documents; and (6) a pdf reader and a pdf writer to
convert word processing documents into pdf format, the only
electronic format in which documents can be e-filed.
Plaintiff must follow the registration procedure set forth on
the Court's website at
Once Plaintiff completes the registration procedure and
receives an e-filing password from the ECF Help Desk,
Plaintiff shall electronically file a notice confirming
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