Jerry B. Balisok, Plaintiff-appellant, Cross-appellee, v. Gary P. Edwards; Tana Wood, Defendants-appellees-cross-appellants,, 70 F.3d 1277 (9th Cir. 1995)

Appeal from the United States District Court for the Eastern District of Washington, D.C. No. CV-93-00416-JLQ; Justin L. Quackenbush, District Judge, Presiding.

E.D. Wash.

REVERSED.

Before: PREGERSON, NORRIS and REINHARDT, Circuit Judges.

MEMORANDUM^** 

Washington state prisoner Jerry B. Balisok appeals and Washington state prison officials Gary Edwards and Tana Wood cross-appeal the district court's order staying Balisok's 42 U.S.C. § 1983 action. We reverse and remand.

These appeals are governed by our recent decision in Gotcher v. Wood, No. 94-35484, slip op. 12881 (9th Cir. Oct. 4, 1995), in which we held that an inmate's challenge to the procedure by which he was denied good-time credits did not call into question the lawfulness of his continuing confinement and was not barred by Heck v. Humphrey, 114 S. Ct. 2364 (1994). Because Balisok's due process challenges to prison disciplinary procedures were not barred by Heck, see Gotcher, slip op. at 12885-86, we reverse the district court's order staying Balisok's section 1983 action and remand for further proceedings.

REVERSED AND REMANDED.