122 F3d 39 Gotcher v. Wood

122 F.3d 39

Norman GOTCHER, Jr., Plaintiff-Appellant,
v.
Tana WOOD, et al., Defendants-Appellees.

No. 94-35484.

United States Court of Appeals,
Ninth Circuit.

Sept. 11, 1997.

John Midgley and David C. Fathi, Columbia Legal Services, Seattle, Washington, for Plaintiff-Appellant.

Talis M. Abolins, Assistant Attorney General, Criminal Justice Division, Olympia, Washington, for Defendants-Appellees.


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1

On Remand from the United States Supreme Court. D.C. No. CV-93-00120-FVS.

2

Before: BEEZER and HAWKINS, Circuit Judges, and TEVRIZIAN,* District Judge.

3

Prior report: --- U.S. ----, 117 S.Ct. 1840, 137 L.Ed.2d 1045.

4

The Court has reconsidered its holding in Gotcher v. Wood, 66 F.3d 1097 (9th Cir.1995), in light of Edwards v. Balisok, --- U.S. ----, 117 S.Ct. 1584, 137 L.Ed.2d 906 (1997). We agree with Wood that Edwards forecloses Gotcher's entire compensatory claim under 42 U.S.C. § 1983. Because we do not reach the issue of whether Gotcher has a protectable liberty interest in receiving good-time credits or remaining free of disciplinary segregation, we deny Gotcher's request to republish parts of our earlier decision. The district court's dismissal of Gotcher's claim is AFFIRMED.

*

The Honorable Dickran M. Tevrizian, United States District Judge for the Central District of California, sitting by designation