O'NEAL v. Price

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 *1148challenges the district court’s determination that he incurred three strikes. Because we agree that the three prior actions identified…