Berringer v. Sandoval et al
Filing
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ORDER FOR PLAINTIFF TO SHOW CAUSE. Signed by Judge Phyllis J. Hamilton on 6/12/12. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 6/12/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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ANTHONY S. BERRINGER,
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Plaintiff,
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For the Northern District of California
United States District Court
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No. C 12-2512 PJH (PR)
ORDER FOR PLAINTIFF TO
SHOW CAUSE
v.
M. SANDAVOL, et al.,
Defendants.
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This is a pro se civil rights complaint under 42 U.S.C. § 1983 filed by a state
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prisoner. A prisoner plaintiff, such as plaintiff here, may not bring a civil action or appeal a
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civil judgment in forma pauperis "if the prisoner has, on 3 or more prior occasions, while
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incarcerated or detained in any facility, brought an action or appeal in a court of the United
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States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a
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claim upon which relief may be granted, unless the prisoner is under imminent danger of
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serious physical injury." 28 U.S.C. § 1915(g). "Section 1915(g)'s cap on prior dismissed
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claims applies to claims dismissed both before and after the [PLRA's] effective date."
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Tierney v. Kupers, 128 F.3d 1310, 1312 (9th Cir 1997).
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Plaintiff has had at least four cases previously dismissed as frivolous, malicious, or
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for failure to state a claim. These are: Berringer v. Salinas Valley State Prison, C 06-0270
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CW (PR) (N.D. Cal. Jan. 8, 2008) (dismissal for failure to state a claim); Berringer v.
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Salinas Valley State Prison Kitchen Staff, C 06-2839 CW (PR) (N.D. Cal. Nov. 1, 2006)
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(dismissing duplicative complaint as abusive); Berringer v. Chaverine, C 06-5832 CW (PR)
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(N.D. Cal. Nov. 1, 2006) (dismissing duplicative complaint as abusive); Berringer v.
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California Department of Corrections, C 07-3353 CW (PR) (N.D. Cal. July 13, 2007)
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(dismissing duplicative complaint as abusive).
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Plaintiff shall show cause within thirty days of the date this order is served why leave
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to proceed IFP should not be denied because of the “strikes” identified above. If he does
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not respond or is unable to demonstrate that two or more of the cases listed above should
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not be considered strikes, leave to proceed in forma pauperis will be denied.
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IT IS SO ORDERED.
Dated: June 12, 2012.
PHYLLIS J. HAMILTON
United States District Judge
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For the Northern District of California
United States District Court
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G:\PRO-SE\PJH\CR.12\BERRINGER2512.OSC-P.wpd
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