Cervantes

MEMORANDUM **

Jose Cervantes, a California state prisoner, appeals pro se the judgment entered after a jury trial on his excessive force claim and the sua sponte dismissal of his *776 retaliation and due process claims in his 42 U.S.C. § 1983 action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s order dismissing claims pursuant to 28 U.S.C. § 1915A. See Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We affirm in part, vacate in part, and remand.

The district court properly dismissed Cervantes’ retaliation claims because Cervantes failed to allege that his punitive segregation did not advance any legitimate penological interests. See Rizzo v. Dawson, 778 F.2d 527, 532 (9th Cir. 1985).

Because Cervantes’ due process claim is based on allegations that, if proved, would necessarily affect the length of his incarceration, the district court correctly determined the claim is not cognizable under 42 U.S.C. § 1983 . See Edwards v. Balisok, 520 U.S. 641, 648 , 117 S.Ct. 1584 , 137 L.Ed.2d 906 (1997). Accordingly, we vacate the judgment as to this claim and remand for reentry of judgment by the district court dismissing this claim without…