Gary Trudell, Plaintiff-appellant, v. Kathryn S. Bail; Donna Larson; et al., Defendants-appellees, 40 F.3d 1246 (9th Cir. 1994)

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U.S. Court of Appeals for the Ninth Circuit - 40 F.3d 1246 (9th Cir. 1994) Submitted Nov. 14, 1994. *Decided Nov. 21, 1994

Before: WALLACE, Chief Judge, GOODWIN and NORRIS, Circuit Judges.


MEMORANDUM** 

Gary Trudell, a Washington state prisoner, appeals pro se the district court's dismissal without prejudice of his 42 U.S.C. § 1983 action for damages. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. The district court properly dismissed his action without prejudice because a judgment in Trudell's favor would "necessarily imply the invalidity of his conviction" and his conviction has not been invalidated. See Heck v. Humphrey, 114 S. Ct. 2364, 2372 (1994).

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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