Court of Appeals for the Ninth Circuit November 25, 1998, 98-15481 (Byron J. Swan v. T. Banks George Smith C. Cooke E v. Rose P.A. Polan J.J. King B. Streeter Bruce Farris)

PER CURIAM.

Byron J. Swan, a California State prisoner, appeals pro se the district court’s dismissal of his claim against Corrections Officer Banks. His appeal presents an issue of first impression, whether § 1997e(e) of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(e), applies to an action brought before the enactment of the PLRA.