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O'NEAL v. PRICE

No. 06-15591.

531 F.3d 1146 (2008)

Louis Butler O'NEAL, Plaintiff-Appellant, v. PRICE, CDC Staff Counselor, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 14, 2008.

Attorney(s) appearing for the Case

Adam Grace, Law Office of Adam Grace, Stockton, CA, for the plaintiff-appellant.

Megan O'Carroll, Deputy Attorney General, Sacramento, CA (argued); Barbara A. Morris, Deputy Attorney General, Sacramento, CA, for the defendant-appellee.

Opinion by Judge IKUTA; Partial Concurrence and Partial Dissent by Judge THOMAS

IKUTA, Circuit Judge:

The Prison Litigation Reform Act of 1995 ("PLRA"), 110 Stat. 1321-71, precludes a prisoner from proceeding in forma pauperis if on three or more prior occasions the prisoner incurred a "strike," that is, had brought an action that was dismissed because it was frivolous, malicious, or failed to state a claim. See 28 U.S.C. § 1915(g)1. In this appeal, Louis O'Neal challenges...

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