O'Neal v. Price

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT LOUIS BUTLER O’NEAL,  No. 06-15591 Plaintiff-Appellant, v.  D.C. No. CV-02-01824-LKK PRICE, CDC Staff Counselor, OPINION Defendant-Appellee.  Appeal from the United States District Court for the Eastern District of California Lawrence K. Karlton, Senior Judge, Presiding Argued and Submitted November 8, 2007—San Francisco, California Filed July 14, 2008 Before: Sidney R. Thomas, Richard C. Tallman, and Sandra S. Ikuta, Circuit Judges. Opinion by Judge Ikuta; Partial Concurrence and Partial Dissent by Judge Thomas 8675…