Shobe v. People of State of California, 19455.
| Decision Date | 10 October 1966 |
| Docket Number | No. 19455.,19455. |
| Citation | 362 F.2d 545 |
| Parties | Calvin C. SHOBE, Appellant, v. The PEOPLE OF the STATE OF CALIFORNIA et al., Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
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.
Certiorari Denied October 10, 1966. See 87 S.Ct. 185.
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 forma pauperis is a matter within the court's discretion. This court has held that the discretion to deny state prisoners the privilege is "especially broad" in civil actions against their wardens and other officials connected with the institution in which they are incarcerated. Smart v. Heinze, 347 F.2d 114, 116 (9th Cir. 1965). The basis for this additional latitude is no doubt the two policy considerations mentioned by Judge Duniway, concurring in Weller v. Dickson, 314 F.2d 598, 604 (9th Cir. 1963):
We think that, tested by this standard, the ruling of the district court did not constitute an abuse of discretion.
Shobe's action, so far as it sought injunctive and declaratory relief, was frivolous. He does not assert that the statutes and regulations were or are invoked by the defendants to hamper or prevent his access to the courts with respect to any...
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