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LOPEZ v. SMITH

No. 97-16987.

203 F.3d 1122 (2000)

Max LOPEZ, Jr., Plaintiff-Appellant, v. G.A. SMITH, Warden; Larry Loo, Chief Medical Officer; A. Acevedo, Chief Dental Officer; Patterson, Counselor 4A-2R; R. Keiner, Dentist; M.P. McClure, 4A-2R Appeals Coordinator, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 10, 2000.

Attorney(s) appearing for the Case

Margo Schlanger, Harvard Law School, Cambridge, Massachusetts, for the plaintiff-appellant.

Constance Picciano, Deputy Attorney General, Sacramento, California, for the defendants-appellees.

Before: HUG, Chief Judge, and SNEED, PREGERSON, REINHARDT, TROTT, FERNANDEZ, RYMER, KLEINFELD, HAWKINS, TASHIMA, and WARDLAW, Circuit Judges.

Opinion by Judge MICHAEL DALY HAWKINS; Concurrence by Judge RYMER; Dissent by Judge SNEED.

MICHAEL DALY HAWKINS, Circuit Judge:

The Prison Litigation Reform Act of 1995 ("PLRA") provides that a district court "shall dismiss" an in forma pauperis complaint "if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted." Pub.L. No. 104-134, § 804(a)(5), 110 Stat. 1321, 1321-74 (1996), codified at 28...

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