Steven Rose v. State of California

MEMORANDUM

California state prisoner Steven W. Rose appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various constitutional violations, as well as several federal statutory and state law claims against the State of California. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal pursuant to 28 U.S.C. § 1915A. Ramirez v. Galaza, 334 F.3d 850, 853-54 (9th Cir.2003). We vacate and remand.

Although Heck v. Humphrey, 512 U.S. 477, 481 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994), bars Rose’s request for money damages in his challenge to the procedures used during his parole hearing, it does not necessarily bar a claim for prospective in-junctive and declaratory relief. See Wilkinson v. Dotson, 544 U.S. 74, 76 , 125 S.Ct. 1242 , 161 L.Ed.2d 253 (2005) (allowing claims challenging parole procedures to proceed under § 1983 because the in-junctive and declaratory relief that plaintiffs sought would not necessarily spell speedier release). Because Rose’s nearly 250-page complaint also requests prospective injunctive and declaratory relief, it is not clear that he could not state a viable claim under…