Hubbard v. Hougland et al
Filing
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ORDER to SHOW CAUSE signed by Magistrate Judge Gregory G. Hollows on 6/17/11 ORDERING 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).(Dillon, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DARRYL HUBBARD,
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Plaintiff,
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No. CIV S-11-1568 GGH P
vs.
HOUGLAND, et. al.,
Defendants.
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ORDER
/
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Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C.
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§ 1983. In the instant case, plaintiff alleges that defendant Hougland assaulted him on July 7,
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2008. However, this is plaintiff’s fourth civil rights complaint regarding this exact same incident
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in this court.
In No. CIV S-09-0939 JAM GGH P, the court dismissed the case for failure to
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exhaust administrative remedies on September 22, 2010.1 Plaintiff has appealed the case to the
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Ninth Circuit and the case is currently pending. In No. CIV S-09-2092 GGH P, plaintiff filed
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another complaint involving this incident which he later voluntarily dismissed. In No. CIV S-10-
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2696 LKK KJN P, plaintiff filed a complaint just a few weeks after the same complaint was
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A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 803
F.2d 500, 505 (9th Cir. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980).
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dismissed in No. CIV S-09-0939 JAM GGH P, and while plaintiff was appealing to the Ninth
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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
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allegations. Plaintiff has not included any new information regarding exhaustion of this claim.2
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Within 21 days plaintiff shall show cause why this case should not be dismissed and why this
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filing is not frivolous and whether it should be considered as a strike pursuant to 28 U.S.C. §
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1915(g).
In accordance with the above, IT IS HEREBY ORDERED that within 21 days
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plaintiff shall show cause why this case should not be dismissed and why this filing is not
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frivolous and whether it should be considered as a strike pursuant to 28 U.S.C. § 1915(g).
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DATED: June 17, 2011
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/s/ Gregory G. Hollows
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GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE
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GGH: AB
hubb1568.osc
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The information that plaintiff has provided regarding exhaustion seems to be the same
information that was involved in the motion to dismiss for failure to exhaust in No. CIV S-09-0939
JAM GGH P.
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