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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EARNEST CASSELL WOODS,

Case No. 15-cv-05136-JD

Plaintiff,
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v.

ORDER TO SHOW CAUSE

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THE BOARD OF PRISON HEARINGS,
Defendant.

United States District Court
Northern District of California

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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

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bring a civil action or appeal a civil judgment under 28 U.S.C. § 1915 “if the prisoner has, on three

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or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal

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in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or

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fails to state a claim upon which relief may be granted, unless the prisoner is under imminent

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danger of serious physical injury.” 28 U.S.C. § 1915(g). The phrase “fails to state a claim on

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which relief may be granted,” as used in § 1915(g), “parallels the language of Federal Rule of

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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

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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.

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United States District Court
Northern District of California

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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

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________________________
JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EARNEST CASSELL WOODS,

Case No. 15-cv-05136-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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THE BOARD OF PRISON HEARINGS,
Defendant.

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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

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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.

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Earnest Cassell Woods
D58091
P.O. Box 901, A4-233
Imperial, CA 94974

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Dated: January 7, 2016

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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