Louis Butler O'neal, Plaintiff-appellant, v. R.g. Borg, Warden, Defendant-appellee, 892 F.2d 83 (9th Cir. 1989)

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US Court of Appeals for the Ninth Circuit - 892 F.2d 83 (9th Cir. 1989)

Submitted Aug. 7, 1989. *Decided Dec. 18, 1989

Before TANG, NELSON and REINHARDT, Circuit Judges.


Louis Butler O'Neal appeals the district court's dismissal of his 42 U.S.C. § 1983 action alleging that a prison guard attempted to kill him. On appeal, he contends he was denied due process because the Los Angeles Superior Court allegedly lost or destroyed portions of the transcript of his criminal trial. The issue O'Neal raises on appeal was not raised in the district court; thus, this court may not consider it. See Great Southwest Life Ins. Co. v. Frazier, 860 F.2d 896, 904 (9th Cir. 1988). Moreover, O'Neal has not raised on appeal the issue of attempted murder by a prison guard that he raised below. Accordingly, that issue has been abandoned. See Wilcox v. Commissioner, 848 F.2d 1007, 1008 n. 2 (9th Cir. 1988). For these reasons, the judgment of the district court is affirmed.



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3