Barry Simon Jameson v. Scott P. Rawers;

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. Accordingly, Jameson’s request for oral argument is denied. See
Fed. R. App. P. 34(a)(2).
JK/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
BARRY SIMON JAMESON,
Plaintiff - Appellant,
v.
SCOTT P. RAWERS; et al.,
Defendants - Appellees.
No. 07-17015
D.C. No. CV-03-05593-
LJO/WMW
MEMORANDUM *
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Barry Simon Jameson, a California state prisoner, appeals pro se from the
district court’s order denying him leave to proceed in forma pauperis in his 42
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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JK/Research 07-17015 2
U.S.C. § 1983 action alleging that defendants violated his constitutional rights.
We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of
discretion. O’Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir. 1990). We reverse and
remand.
Under this Court’s decision in Andrews v. King, 398 F.3d 1113, 1122 (9th
Cir. 2005), a dismissed habeas petition does not count as a “strike” under 28
U.S.C. § 1915(g). Because the district court treated as a strike the dismissed
habeas petition in Jameson v. Ratelle, No. 96-cv-00299-J-RCM (S.D. Cal. Jan. 27,
1997) (order), we reverse the dismissal and remand for further proceedings.
All outstanding motions are denied.
REVERSED and REMANDED.

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