Andrews

Andrews v. King

Good Law
United States Court of Appeals for the Ninth CircuitFebruary 22, 200502-17440California5,902 words

Opinion

Opinion

I. Facts and Procedural History

Andrews is a state inmate incarcerated in CSP-Solano. Seeking damages and injunctive relief, Andrews filed a pro se civil rights action under 42 U.S.C. § 1983 against the defen- dants V.R. King, S. Cervantes, T. Dickinson and Lt. McPhereson, prison officials at CSP-Solano, and Ed Alamedia, the Director of the California Department of Cor- rections (collectively “the State defendants”). Andrews alleged that the State defendants administer the prisoner grievance administrative process at CSP-Solano to effectively deny prisoners access to the federal courts by making it “al- most impossible” to exhaust the prison’s administrative reme-

This subdivision is commonly known as the “three strikes” provision. “Strikes” are prior cases or appeals, brought while the plaintiff was a pris- oner, which were dismissed “on the ground that [they were] frivolous, malicious, or fail[ ] to state a claim” are generically referred to as “strikes.” Pursuant to § 1915(g), a prisoner with three strikes or more can- not proceed IFP. ANDREWS v. KING 2057 dies.2 The district court initially granted Andrews’ request to proceed IFP.

The State…

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