FRANK MENDEZ V. CHARLES RYAN, No. 11-16734 (9th Cir. 2012)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS AUG 14 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT FRANK MENDEZ, No. 11-16734 Plaintiff -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-JATLOA v. CHARLES L. RYAN, Director of Arizona Dept. of Corrections at ADOC Central Office; et al., MEMORANDUM * 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: ALARCÃ N, 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
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