Opinion · Court of Appeals for the Ninth Circuit
Norman Gotcher, Jr. v. Tana Wood
Norman Gotcher, Jr. v. Tana Wood, 122 F.3d 39 (9th Cir. 1997)
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 1997-09-11
- Topic
- bankruptcy
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.
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GOTCHER v. WOOD,122 F.3d 39(9th Cir. 1997)
NORMAN GOTCHER, JR., Plaintiff-Appellant, v. TANA WOOD, et al.,
Defendants-Appellees.
No. 94-35484
United States Court of Appeals, Ninth Circuit.
Filed September 11, 1997
COUNSEL
John Midgley and David C. Fathi, Columbia Legal Services, Seattle, Washington, for the plaintiff-appellant.
Talis M. Abolins, Assistant Attorney General, Criminal Justice Division, Olympia, Washington, for the defendants-appellees.
D.C. No. CV-93-00120-FVS.
Before: Robert R. Beezer and Michael Daly Hawkins, Circuit Judges, and Dickran M. Tevrizian,fn*District Judge.
[1] ORDER
[2] The Court has reconsidered its holding in Gotcher v. Wood,66 F.3d 1097(9th Cir. 1995), in light of Edwards v. Balisok, 65 U.S.L.W. 4359 (May 19, 1997). We agree with Wood that Edwards forecloses Gotcher's entire compensatory claim under42 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.Page 690
- The Honorable Dickran M. Tevrizian, United States District Judge for the Central District of California, sitting by designation. ↩