David Andrews v. S. Torres

MEMORANDUM

David Raymond Andrews, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging due process and equal protection violations in connection with the processing of prison grievances. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (dismissal under 28 U.S.C. § 1915 (e)(2)(B)(ii)); Ramirez v. Galaza, 334 F.3d 850, 853 (9th Cir.2003) (dismissal under 28 U.S.C. § 1915A). We affirm in part, reverse in part, and remand.

The district court erred in determining that Andrews’s § 1983 claims were Heck-barred because Andrews sought only the recalculation of his minimum eligible parole date (“MEPD”), an outcome that would not necessarily result in earlier release or imply the invalidity of Andrews’s continued confinement. See Ramirez, 334 F.3d at 856 (“[T]he applicability of the favorable termination rule turns solely on whether a successful § 1983 action would necessarily render invalid a conviction, sentence, or administrative sanction that affected the length of the prisoner’s confinement.”); In re Dannenberg, 34 Cal.4th 1061 , 23…