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Norman GOTCHER, Jr., Plaintiff-Appellant, v. Tana WOOD, et al., Defendants-Appellees

United States Court of Appeals for the Ninth Circuit1997-09-11No. No. 94-35484
122 F.3d 39

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Opinion

majority 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.