Ngo

I. Background

Viet Mike Ngo is currently serving a life sentence at Ave- nal State Prison in California. Previously, Ngo was incarcer- ated at San Quentin State Prison. While at San Quentin, Ngo was placed in administrative segregation on October 26, 2000, as punishment for alleged “inappropriate activity” with volun- teer Catholic priests. In December 2000, Ngo was placed back in the general prison population. As a condition of his release from administrative segregation, Ngo was restricted from par- ticipating in “special programs,” such as evening fellowship and Bible study sessions. The prison also prohibited Ngo from corresponding with a former San Quentin Catholic Chapel volunteer.

On June 18, 2001, Ngo appealed the disciplinary action. The prison’s Appeals Coordinator rejected Ngo’s appeal as time-barred because Ngo had not filed his appeal within fif- teen working days of “the event or decision being appealed.” See Cal. Code Regs. tit. 15, § 3084.6(c); see also id. §§ 3084.3(c)(6), 3084.5(a)(1). Six days after the rejection, Ngo filed a second grievance contending that his appeal was in fact timely. Ngo claimed that because he was appealing the NGO v. WOODFORD …