U.S. Court of Appeals for the Tenth Circuit, 2005

Baldauf v. Hyatt

Baldauf v. Hyatt
U.S. Court of Appeals for the Tenth Circuit · Decided January 26, 2005 · Tacha, Henry, Hartz
120 F. App'x 288

Baldauf v. Hyatt

Opinion

ORDER AND JUDGMENT *

HARTZ, Circuit Judge.

As the parties agree, the threshold issue before us is whether the Heck doctrine, see Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), bars jurisdiction in this case. Whether Heck applies depends on whether deprivation of good-time or earned-time credits necessarily affects the duration of a Colorado prisoner’s confinement. The record is inadequate to resolve this matter, and both counsel at oral argument sought remand to the district court for development of the record. Accordingly, we REMAND to the district court for further proceedings concerning whether, under the Heck doctrine, the district court has jurisdiction to hear Mr. Baldaufs claims. If the court determines that it has jurisdiction, it should decide the merits, conducting any further proceedings that it deems necessary.

*

This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

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