Norman Gotcher, Jr. v. Tana Wood

122 F.3d 39, 97 Daily Journal DAR 11821, 97 Cal. Daily Op. Serv. 7330, 1997 U.S. App. LEXIS 23813, 1997 WL 561542

Opinion

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.