Taylor

Taylor v. Stewart

Good Law
168 F. App'x 218
United States Court of Appeals for the Ninth CircuitFebruary 21, 2006No. 03-16793California280 words

Opinion

Lead Opinion

MEMORANDUM **

Paul Darnell Taylor, an Arizona state prisoner, appeals pro se from the district court’s judgment dismissing, pursuant to 28 U.S.C. §§ 1915 (e)(2)(B)(ii) and 1915A, his 42 U.S.C. § 1983 action against various prison officials alleging denial of due process in disciplinary proceedings. We have jurisdiction pursuant to 28 U.S.C. § 1291 . After de novo review, 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 Taylor’s due process claims because his challenge to the procedures used in disci *219 plinary proceedings that resulted in the loss of good-time credits necessarily implied the invalidity of the punishment imposed. See Edwards v. Balisok, 520 U.S. 641, 644-48 , 117 S.Ct. 1584 , 137 L.Ed.2d 906 (1997). We vacate the judgment to the extent it dismisses Taylor’s action with prejudice, and we remand for entry of judgment dismissing the action without prejudice as to the claims barred under Balisok. See Blueford v. Prunty, 108 F.3d 251, 255 (9th Cir.1997).

To the extent Taylor’s section 1983 claims were also based on the alleged deprivation of his property, the district court…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.