Scott v. Gomez

98 F.3d 1346 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sterling B. SCOTT, II, Plaintiff-Appellant, v. James GOMEZ, Director Department of Corrections; Arthur Calderon, Warden; S. Yearwood; D. Wooten; R. Ingram; B. Ruiz; G. Boonie Garibay; R. Munoz; H. Bard; V. Bluestein; Data Processing & Accounting Services; Labcon, Defendants-Appellees. No. 95-17114. United States Court of Appeals, Ninth Circuit. Submitted Oct. 7, 1996. * Decided Oct. 11, 1996. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Sterling B. Scott II, a California state prisoner, appeals pro se the district court's denial pursuant to 28 U.S.C. § 1915 (d) of his motion to proceed in forma pauperis and the dismissal with prejudice of his 42 U.S.C. § 1983 complaint alleging that he was denied equal protection and due process by prison officials' excluding him from participation in the Joint Venture Program ("JVP"), a program set forth in California Penal Code…