Arocha

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

RUDY AROCHA,

Case No. 23-cv-00293-RS (PR) Plaintiff, 8 v. ORDER OF DISMISSAL 9 TRENT ALLEN, et al., 10 Defendants.

12 INTRODUCTION Plaintiff alleges a fellow prisoner spread rumors about him and that the prison warden and the Secretary of the CDCR failed to stop his behavior and that of other prisoners. His 42 U.S.C. § 1983 complaint containing these allegations is now before the Court for review pursuant to 28 U.S.C. § 1915A(a). The complaint fails to state a claim for relief. A fellow prisoner, who is a private individual and not a state actor, cannot be held liable under § 1983. Also, the allegations against the warden and the CDCR Secretary are conclusory. Furthermore, plaintiff admits he has not exhausted his claims. Accordingly, this federal civil rights action is DISMISSED without prejudice to plaintiff exhausting his claims. DISCUSSION A. Standard of Review A…