Robert Dorado, on Behalf of All Others Similarly Situated v. Henry W. Kerr, Chairman, California Adult Authority, in His Official Capacity

In this civil rights class action plaintiff, Robert Dorado, sought to convene a three-judge district court pursuant to 28 U.S.C. §§ 2281 and 2284, in an effort to obtain injunctive and declaratory relief concerning certain statewide procedures of the California Adult Authority (Authority). Defendant Henry W. Kerr, Chairman of the Authority, filed alternative motions to dismiss and for summary judgment, on three grounds: (1) plaintiff does not state a claim upon which relief can be granted, (2) the asserted federal questions are frivolous and insubstantial, and (3) the court lacked jurisdiction of the subject matter.

The district court, without taking steps to convene a three-judge court, dismissed the action with prejudice upon the ground that the complaint fails to state a claim upon which relief can be granted. Plaintiff, who is a California state prisoner and brings the action on behalf of himself and all others similarly situated, appeals.

Dorado’s civil rights claims, based on 42 U.S.C. § 1983 , challenge the procedures used by the Authority in making its annual review of prisoners’ records and other materials for the purpose of determining whether the term of imprisonment…