Woods v. The Board of Prison Hearings
Filing
9
ORDER TO SHOW CAUSE. Signed by Judge James Donato on 1/7/16. (lrcS, COURT STAFF) (Filed on 1/7/2016)
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
EARNEST CASSELL WOODS,
Case No. 15-cv-05136-JD
Plaintiff,
8
v.
ORDER TO SHOW CAUSE
9
10
THE BOARD OF PRISON HEARINGS,
Defendant.
United States District Court
Northern District of California
11
12
13
14
15
Plaintiff, a state prisoner, has filed a pro se civil rights complaint under 42 U.S.C. § 1983.
Plaintiff has also filed an application to proceed in forma pauperis.
The Prison Litigation Reform Act of 1995 (“PLRA”), provides that a prisoner may not
16
bring a civil action or appeal a civil judgment under 28 U.S.C. § 1915 “if the prisoner has, on three
17
or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal
18
in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or
19
fails to state a claim upon which relief may be granted, unless the prisoner is under imminent
20
danger of serious physical injury.” 28 U.S.C. § 1915(g). The phrase “fails to state a claim on
21
which relief may be granted,” as used in § 1915(g), “parallels the language of Federal Rule of
22
23
24
25
26
27
28
Civil Procedure 12(b)(6).” Andrews v. King, 398 F.3d 1113, 1121 (9th Cir. 2005) (internal
quotation marks omitted). A case is “frivolous” within the meaning of § 1915(g) if “it is of little
weight or importance: having no basis in law or fact.” Id. (internal quotation marks omitted). The
court may count as strikes dismissals of district court cases as well as dismissals of appeals. See
Rodriguez v. Cook, 169 F.3d 1176, 1178 (9th Cir. 1999) (prisoner does not get three frivolous
claims and three frivolous appeals before being barred by § 1915(g)). A dismissal under §
1915(g) means that a prisoner cannot proceed with his action as a pauper under § 1915(g), but he
1
2
3
still may pursue his claim if he pays the full filing fee at the outset of the action.
It appears that plaintiff has at least three strikes pursuant to § 1915(g):
i.
Woods v. Carey, No. 05-1157 MJJ (N.D. Cal.), dismissed for failure to state
a claim.
ii.
Woods v. Carey, No. 05-0049 MCE DAD (E.D. Cal.), dismissed for failure
to state a claim.
iii.
Woods v. Curry, No. 10-1859 JSW (N.D. Cal.), dismissed for improper
joinder of unrelated claims against different defendants.
iv.
Woods v. Curry, No. 13-16045 (9th Cir.), in forma pauperis denied because
appeal was frivolous.
v.
Woods v. Marshall, No. 11-8554 UA OP (C.D. Cal.), dismissed for failure
to state a claim.
4
5
6
7
8
9
10
United States District Court
Northern District of California
11
12
13
14
Plaintiff shall show cause within fourteen (14) days, why this case should not be deemed
three strikes barred and the application to proceed in forma pauperis denied. Failure to reply will
result in dismissal.
IT IS SO ORDERED.
Dated: January 7, 2016
15
16
________________________
JAMES DONATO
United States District Judge
17
18
19
20
21
22
23
24
25
26
27
28
2
1
UNITED STATES DISTRICT COURT
2
NORTHERN DISTRICT OF CALIFORNIA
3
4
EARNEST CASSELL WOODS,
Case No. 15-cv-05136-JD
Plaintiff,
5
v.
CERTIFICATE OF SERVICE
6
7
THE BOARD OF PRISON HEARINGS,
Defendant.
8
9
10
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
United States District Court
Northern District of California
11
12
13
14
15
That on January 7, 2016, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.
16
17
18
Earnest Cassell Woods
D58091
P.O. Box 901, A4-233
Imperial, CA 94974
19
20
21
Dated: January 7, 2016
22
23
Susan Y. Soong
Clerk, United States District Court
24
25
26
27
By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?