KLEINFELD, Circuit Judge, concurring in part and dissenting in part: There are two cases before us, one filed by Hearns in 2003, and one filed in 2005. I concur in the reversal and remand in the 2005 case, and dissent in the 2003 case. We are all agreed that Hearns’s 2005 complaint should not have been dismissed. My dissent, therefore, has no bearing on whether Hearns may pr…
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