Frank Mendez v. Charles Ryan

FILED
NOT FOR PUBLICATION AUG 14 2012

MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

FRANK MENDEZ, No. 11-16734

Plaintiff - Appellant, D.C. No. 2:11-cv-00266-JAT-
LOA
v.

CHARLES L. RYAN, Director of Arizona MEMORANDUM *
Dept. of Corrections at ADOC Central
Office; et al.,

Defendants - Appellees.

Appeal from the United States District Court
for the District of Arizona
James A. Teilborg, District Judge, Presiding

Submitted August 8, 2012 **

Before: ALARCÓN, BERZON, and IKUTA, Circuit Judges.

Arizona state prisoner Frank Mendez appeals pro se from the district court’s

judgment dismissing his 42 U.S.C. § 1983 action alleging due process violations in

*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
connection with a prison gang validation. We review de novo a dismissal under 28

U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We reverse

and remand.

Dismissal of Mendez’s claims as barred by Heck v. Humphrey, 512 U.S.

477 (1994), was improper because a successful challenge to Mendez’s gang

validation would not necessarily shorten the length of his confinement. See

Ramirez v. Galaza, 334 F.3d 850, 858 (9th Cir. 2003) (“the favorable termination

rule does not apply to § 1983 suits challenging a disciplinary hearing or

administrative sanction that does not affect the overall length of the prisoner’s

confinement”).

Mendez shall bear his own costs on appeal.

REVERSED and REMANDED.

2 11-16734