Bachman

MEMORANDUM **

California state prisoner Donald C. Bachman appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that he was assaulted by a correctional officer and that the prison disciplinary proceeding related to the incident was unfair. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo dismissal for failure to state a claim under the screening provisions of 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We affirm in part, vacate in part, and remand.

Bachman’s due process claim challenged the propriety of a disciplinary proceeding that resulted in the loss of 360 days of good-time credit. The district court properly dismissed this claim because Bachman did not allege that this punishment had been invalidated. See Edwards v. Balisok, 520 U.S. 641, 644, 646-48 , 117 S.Ct. 1584 , 137 L.Ed.2d 906 (1997) (holding that a due process claim challenging disciplinary proceeding that necessarily implies the invalidity of the deprivation of good-time credits is not cognizable under section 1983).

The district court erred by dismissing, on screening, Bachman’s Eighth Amendment excessive force claim as barred…