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Darryl Hubbard v. Hougland

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 17, 2011

DARRYL HUBBARD, PLAINTIFF,
v.
HOUGLAND, ET. AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. In the instant case, plaintiff alleges that defendant Hougland assaulted him on July 7, 2008. However, this is plaintiff's fourth civil rights complaint regarding this exact same incident in this court.

In No. CIV S-09-0939 JAM GGH P, the court dismissed the case for failure to exhaust administrative remedies on September 22, 2010.*fn1 Plaintiff has appealed the case to the Ninth Circuit and the case is currently pending. In No. CIV S-09-2092 GGH P, plaintiff filed another complaint involving this incident which he later voluntarily dismissed. In No. CIV S-10-2696 LKK KJN P, plaintiff filed a complaint just a few weeks after the same complaint was dismissed in No. CIV S-09-0939 JAM GGH P, and while plaintiff was appealing to the Ninth Circuit. Plaintiff later voluntarily dismissed case No. CIV S-10-2696 LKK KJN P.

On June 10, 2011, plaintiff filed the instant complaint containing the same allegations. Plaintiff has not included any new information regarding exhaustion of this claim.*fn2

Within 21 days plaintiff shall show cause why this case should not be dismissed and why this filing is not frivolous and whether it should be considered as a strike pursuant to 28 U.S.C. § 1915(g).

In accordance with the above, IT IS HEREBY ORDERED that within 21 days plaintiff shall show cause why this case should not be dismissed and why this filing is not frivolous and whether it should be considered as a strike pursuant to 28 U.S.C. § 1915(g).

Gregory G. Hollows

GGH: AB hubb1568.osc


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