Case: Ngo v. Woodford

5:01-cv-20674 | U.S. District Court for the Northern District of California

Filed Date: July 18, 2001

Closed Date: 2008

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Case Summary

On July 18, 2001, a California state inmate housed at San Quentin filed a § 1983 action in the U.S. District Court for the Northern District of California that challenged restrictions placed on his participation in special prison programs, including religious programs. The restrictions followed a period of administrative segregation for allegedly engaging in "inappropriate activity" in the prison chapel. The plaintiff initially filed a grievance with California prison officials, but it was rejected as untimely under state law, as it was filed eight months after the restrictions were placed into effect. His federal court suit followed. The plaintiff claimed that the restrictions violated his First Amendment rights to free speech and the free exercise of his religion. He also claimed that the restrictions lessened his chances for parole eligibility.

The defendants filed to dismiss the case on January 27, 2003. On May 5, the district court granted dismissal of the case for failure to exhaust all administrative remedies as required by the Prison Litigation Reform Act (PLRA) 42 U.S.C. § 1997e(a). The plaintiff appealed.

On March 24, 2005, the Ninth Circuit Court of Appeals reversed (Judges Pregerson, Kozinski, and Rhoades). The court held that the plaintiff had exhausted administrative remedies simply because no remedies remained available to him. Ngo v. Woodford, 403 F.3d 620 (9th Cir. 2005). The defendant's petition for rehearing en banc was denied. But, the defendants' filed a petition for certiorari to the Supreme Court, which was granted in November 2005.

The U.S. Supreme Court (Justice Samuel Alito) reversed and remanded the case to the Ninth Circuit Court of Appeals, holding that the PLRA exhaustion requirement required "proper exhaustion" and that plaintiff's filing an untimely or otherwise procedurally defective administrative grievance did not satisfy the exhaustion requirement. Mere unavailability of remedies is insufficient to exhaust under the PLRA. Woodford v. Ngo, 126 S.Ct. 2378 (2006).

On remand, the Ninth Circuit Court of Appeals (Judges Pregerson, Kozinski, and Bybee) held that, because the plaintiff did not appeal his restriction within the fifteen-day statute of limitations, he had not exhausted the administrative remedies available to him. As a result, the plaintiff could not sue in federal court. The Ninth Circuit also rejected the plaintiff's argument that fifteen days did not provide him with a meaningful opportunity to to exhaust his administrative remedies, stating that, even if they were to "double or triple the 15-day period, [the plaintiff] would still come nowhere close to meeting the deadline."


05-00416 03-16042	Docket for U.S. Supreme Court Woodford v. Ngo Supreme Court of the United States	Aug. 1, 2006	Aug. 1, 2006 Docket
03-16042	Docket [PACER] for Ninth Circuit Court of Appeals U.S. Court of Appeals for the Ninth Circuit	Sept. 12, 2008	Sept. 12, 2008 Docket
5:01-cv-20674	Docket (PACER) for District Court Ngo v. Woodford	Feb. 6, 2009	Feb. 6, 2009 Docket
03-16042	Appellate Opinion (Ninth Circuit) Ngo v. Woodford U.S. Court of Appeals for the Ninth Circuit	March 24, 2005	March 24, 2005 Order/Opinion 403 F.3d 620
05-00416	Petition for a Writ of Certiorari Granted Woodford v. Ngo Supreme Court of the United States	Nov. 14, 2005	Nov. 14, 2005 Order/Opinion 546 U.S. 1015
05-00416	Brief of the States of New York, Alabama, Arizona, Arkansas, Colorado, Delaware, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, et al. as Amici Curiae in Support of the Petitioners Woodford v. Ngo Supreme Court of the United States	Dec. 29, 2005	Dec. 29, 2005 Pleading / Motion / Brief
05-00416	Brief for Petitioners Woodford v. Ngo Supreme Court of the United States	Dec. 29, 2005	Dec. 29, 2005 Pleading / Motion / Brief
05-00416	Brief of the American Bar Association as Amicus Curiae in Support of Respondent Woodford v. Ngo Supreme Court of the United States	Feb. 1, 2006	Feb. 1, 2006 Pleading / Motion / Brief
05-00416	Brief for the United States as Amicus Curiae Supporting Petitioners Woodford v. Ngo Supreme Court of the United States	Feb. 1, 2006	Feb. 1, 2006 Pleading / Motion / Brief
05-00416	Brief for Amici Curiae Law Professors in Support of Respondent Woodford v. Ngo Supreme Court of the United States	Feb. 1, 2006	Feb. 1, 2006 Pleading / Motion / Brief

ECF Number	Date	Description	Link
1	July 18, 2001	COMPLAINT (Prisoner Civil Rights) Jury demand(). Filed by pro se Viet M. Ngo. (gm, ) Modified on 5/30/2003 (cv, ). (Entered: 07/23/2001)	PACER
18	July 18, 2001	CLERK'S NOTICE re completion of In Forma Pauperis affidavit or payment of filing fee due within 30 days. (cv, ) (Entered: 05/30/2003)	PACER
	July 18, 2001	Filing fee: $150.00, receipt number 3324314. (gm, ) (Entered: 09/05/2001)	PACER
2	July 24, 2001	Letter re filing fee Notice from Writ Clerk of the filing fee not being paid and receipt from The District Court of the filing fee for complaint was paid. from Viet M. Ngo. (gm, ) Modified on 5/30/2003 (cv, ). (Entered: 08/01/2001)	PACER
4	Aug. 13, 2002	NOTICE of Change of Address by pro se Viet M. Ngo. (gm, ) (Entered: 08/14/2002)	PACER
5	Sept. 13, 2002	ORDER and Notification to Plaintiff. Signed by Judge Jeremy Fogel on 9/6/2002. (gm, ) (Entered: 09/16/2002)	PACER
6	Sept. 30, 2002	Letter re Order and Notice of change of address from Viet Mike Ngo. (gm, ) (Entered: 10/02/2002)	PACER
	Nov. 5, 2002	Summons Issued as to A.P. Kane ; J.S. Woodford (lrd, ) (Entered: 11/06/2002)	PACER
7	Nov. 8, 2002	SUMMONS Returned Executed, by pro se Viet M. Ngo. A.P. Kane ; J.S. Woodford (lrd, ) (Entered: 11/08/2002)	PACER
8	Nov. 25, 2002	NOTICE of Change of Address by pro se Viet M. Ngo. (gm, ) (Entered: 11/27/2002)	PACER
9	Nov. 25, 2002	Ex Parte MOTION for Extension of Time to File Answer fir sixty days filed by A.P. Kane, J.S. Woodford. (gm, ) (Entered: 11/27/2002)	PACER
10	Nov. 25, 2002	DECLARATION in Support re 9 of Jennifer G. Perkell filed by pro se Viet M. Ngo. (Related document(s) 9 ) (gm, ) (Entered: 11/27/2002)	PACER
11	Nov. 26, 2002	ORDER by Judge Jeremy Fogel granting 9 Motion for Extension of Time to 1/27/03 to Answer (gm, ) (Entered: 11/27/2002)	PACER
12	Jan. 27, 2003	MOTION to Dismiss ; Memorandum of Points &Authorities filed by A.P. Kane, J.S. Woodford. (gm, ) (Entered: 01/29/2003)	PACER
	Jan. 27, 2003	Received Order re 12 Motion to dismiss by A.P. Kane, J.S. Woodford. (gm, ) (Entered: 01/29/2003)	PACER
13	Feb. 19, 2003	Memorandum in Opposition re 12 to Motion to dismiss filed by pro se Viet M. Ngo. (gm, ) (Entered: 02/21/2003)	PACER
14	April 8, 2003	DECLARATION in Support re 13 of Viet M. Ngo in support of Opposition to Motion ot dismiss filed by pro se Viet M. Ngo. (Related document(s) 13 ) (gm, ) (Entered: 04/09/2003)	PACER
15	May 5, 2003	ORDER by Judge Jeremy Fogel granting 12 Motion to Dismiss without prejudice (gm, ) (Entered: 05/06/2003)	PACER
16	May 29, 2003	NOTICE OF APPEAL re 15 by pro se Viet M. Ngo. and request to appeal in forma pauperis affidavit attached. () (cv, ) Modified on 5/30/2003 (cv, ). (Entered: 05/30/2003)	PACER
17	May 29, 2003	MOTION for Leave to Appeal in forma pauperis certificate in prisoner's account attached filed by pro se Viet M. Ngo. (cv, ) (Entered: 05/30/2003)	PACER
	May 30, 2003	Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re appeal 16 (cv, ) (Entered: 05/30/2003)	PACER
19	June 4, 2003	NOTICE OF APPEAL re 15 by pro se Viet M. Ngo. () (gm, ) (Entered: 06/04/2003)	PACER
	June 9, 2003	USCA Case Number re appeal 16 . USCA Case #03−16042 (gm, ) (Entered: 06/09/2003)	PACER
20	June 25, 2003	Prisoner Trust Fund Account Statement by pro se Viet M. Ngo. (gm, ) (Entered: 06/27/2003)	PACER
	Sept. 18, 2003	Certified and transmitted Record on Appeal to US Court of Appeals re appeal 16 (gm, COURT STAFF) (Entered: 09/18/2003)	PACER
21	Sept. 30, 2003	Receipt for Appeal Record re appeal 19 , 16 : (gm, COURT STAFF) (Entered: 10/01/2003)	PACER
22	Dec. 9, 2003	USCA Appeal Fees received $ 105.00 receipt number 3352501 re 19 Notice of Appeal filed by Viet M. Ngo, 16 Notice of Appeal filed by Viet M. Ngo (gm,	PACER
23	Jan. 22, 2004	ORDER by Judge Jeremy Fogel finding as moot 17 Motion for Leave to Appeal in forma pauperis (gm, COURT STAFF) (Filed on 1/22/2004) (Entered: 01/23/2004)	PACER
24	March 28, 2005	USCA OPINION as to 19 Notice of Appeal, filed by Viet M. Ngo,, 16 Notice of Appeal, filed by Viet M. Ngo, (gm, COURT STAFF) (Filed on 3/28/2005) THE DISTRICT COURT'S DISMISSAL OF NGO'S COMPLAINT IS REVERSED. (Entered: 03/29/2005)	PACER
25	March 29, 2005	MANDATE of USCA as to 19 Notice of Appeal, filed by Viet M. Ngo,, 16 Notice of Appeal, filed by Viet M. Ngo, (gm, COURT STAFF) (Filed on 3/29/2005) (Entered: 03/29/2005)	PACER
26	April 26, 2005	NOTICE of Change of Address by Viet M. Ngo (gm, COURT STAFF) (Filed on 4/26/2005) (Entered: 04/27/2005)	PACER
27	April 26, 2005	CERTIFICATE OF SERVICE by Viet M. Ngo re 26 Notice of Change of Address (gm, COURT STAFF) (Filed on 4/26/2005) (Entered: 04/27/2005)	PACER
28	July 13, 2005	PARTIAL BILL OF COSTS; Applicstion for Reimbursement of Filing Fee for Notice of Appeal by Viet M. Ngo. (gm, COURT STAFF) (Filed on 7/13/2005) (Entered: 07/15/2005)	PACER
29	July 22, 2005	USCA JUDGMENT; Judgment of US District Court in this cause is REVERSED as to 19 Notice of Appeal, filed by Viet M. Ngo,, 16 Notice of Appeal, filed by Viet M. Ngo, (gm, COURT STAFF) (Filed on 7/22/2005) (Entered: 07/22/2005)	PACER
30	July 22, 2005	MANDATE of USCA as to 19 Notice of Appeal, filed by Viet M. Ngo,, 16 Notice of Appeal, filed by Viet M. Ngo, (gm, COURT STAFF) (Filed on 7/22/2005) (Entered: 07/22/2005)	PACER
31	Aug. 18, 2005	NOTICE of Change of Address by Viet M. Ngo (gm, COURT STAFF) (Filed on 8/18/2005) (Entered: 08/19/2005)	PACER
32	Dec. 8, 2005	Appeal Record Returned: 19 Notice of Appeal, 16 Notice of Appeal (gm, COURT STAFF) (Filed on 12/8/2005) (Entered: 12/09/2005)	PACER
	Feb. 13, 2006	Certified and Transmitted Record on Appeal to CLERK, US SUPREME COURT (gm, COURT STAFF) (Filed on 2/13/2006) (Entered: 02/13/2006)	PACER
33	Feb. 21, 2006	Receipt for Appeal Record (gm, COURT STAFF) (Filed on 2/21/2006) (Entered: 02/22/2006)	PACER
34	Aug. 3, 2006	Appeal Record Returned: 19 Notice of Appeal, 16 Notice of Appeal (gm, COURT STAFF) (Filed on 8/3/2006) (Entered: 08/03/2006)	PACER
35	Sept. 12, 2008	MANDATE of USCA as to 16 Notice of Appeal filed by Viet M. Ngo, 19 Notice of Appeal filed by Viet M. Ngo (gm, COURT STAFF) (Filed on 9/12/2008) (Entered: 10/21/2008)	PACER
	Dec. 8, 2008	FILE located at Federal Records Center (FRC), San Bruno, CA: Accession No: 021−08−0051, Location No A−211754, Box No: 28. (mpb, COURT STAFF) (Filed on 12/8/2008) (Entered: 12/08/2008)	PACER
	Jan. 5, 2009	File requested from FRC. (tsh, COURT STAFF) (Filed on 1/5/2009) (Entered: 02/10/2009)	PACER
	Jan. 15, 2009	File received from FRC. (tsh, COURT STAFF) (Filed on 1/15/2009) (Entered: 02/10/2009)	PACER
	Feb. 6, 2009	File returned to FRC. Accession Number: 021−08−0051, Box Number: 28, Location Number: A−211754. (tsh, COURT STAFF) (Filed on 2/6/2009) (Entered: 02/10/2009)	PACER

Case: Ngo v. Woodford

5:01-cv-20674 | U.S. District Court for the Northern District of California

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