Dion Anderson v. L. Cahlander

MEMORANDUM

California state prisoner Dion Anderson appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations arising out of a disciplinary hearing. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim under 28 U.S.C. §§ 1915A and 1916(e)(2)(B)(ii). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We may affirm on any ground supported by the record. Cigna Prop. & Cas. Ins. Co. v. Polaris Pictures Corp., 159 F.3d 412, 418 (9th Cir. 1998). We affirm in part, vacate in part, and remand.

Dismissal of Anderson’s action as Heck-barred was proper because, notwithstanding the dismissal of a related criminal case, Anderson has not demonstrated that the results of the disciplinary hearing, including the loss of good-time credits, have been invalidated. See Edwards v. Balisok, 520 U.S. 641, 648 , 117 S.Ct. 1584 , 137 L.Ed.2d 906 (1997) (claim for monetary and declaratory relief based on allegations that necessarily imply the invalidity of the loss of good-time credits is not cognizable under § 1983); Heck…