Calvin C. Shobe v. The People of the State of California

Calvin Coolidge Shobe, an inmate, in the penitentiary of the State of California, at Folsom, has appealed from an order of the district court denying him leave to commence and prosecute in forma pauperis a suit under the Civil Rights Act against the Warden, the State Director of Corrections, and several other State officers. 1 The ground of the ruling was, in substance, that the action was frivolous.

Shobe’s claim appears to be that the defendants, acting under the supposed authority of certain prison rules and regulations, seized and withheld his moneys and other property, that they unduly restricted him from associating with other prisoners and communicating with persons outside the prison and that they punished him and forfeited his good time credits for violating the said rules.

By the proposed complaint he sought damages in a large sum against the defendants and an injunction against their enforcement of the rules; additionally he asked that the court declare void the said rules, together with their enabling act and the so-called “civil death” statutes of California. The granting or refusal of the privilege created by 28 U.S.C.A. § 1915 to commence and prosecute a suit in…

I concur in the Court’s opinion.

■ I should like to add that in my view appellant, who claims- in one place in his pleadings to have $6000 owing to him, and in another place to be holder of a check for $3000, who does not assert that either the debt or the check is worthless, makes mockery of the processes of the court by demanding a free ride.

362 F.2d 545 Calvin C. SHOBE, Appellant, v. The PEOPLE OF the STATE OF CALIFORNIA et al., Appellees. No. 19455. United States Court of Appeals Ninth Circuit. May 24, 1966, Rehearing Denied June 21, 1966, Certiorari Denied Oct. 10, 1966, See 87 S.Ct. 185 . Calvin C. Shobe, in pro. per. Thomas C. Lynch, Atty. Gen. of California, Edsel W. Haws, R. W. Tochterman, Deputy Attys. Gen., Sacramento, Cal., for appellees. Before POPE, HAMLEY and KOELSCH, Circuit Judges. PER CURIAM. 1 Calvin Coolidge Shobe, an inmate, in the penitentiary of the State of California, at Folsom, has appealed from an order of the district court denying him leave to commence and prosecute in forma pauperis a suit under the Civil Rights Act against the Warden, the State Director of Corrections, and several other State officers. 1 The ground of the ruling was, in substance, that the action was frivolous. 2 Shobe's claim appears to be that the defendants, acting under the supposed authority of certain prison rules and regulations, seized and withheld his moneys and other property, that they unduly restricted him from associating with other prisoners and communicating with persons outside the prison and that they…