Anant Kumar Tripati, Plaintiff-appellant, v. Gunn Mckay; Los Angeles District Attorney's Office,defendants-appellees, 52 F.3d 335 (9th Cir. 1995)

MEMORANDUM^** 

Anant Kumar Tripati, an Arizona state prisoner, appeals pro se the district court's denial of his motion for reconsideration of the district court's order dismissing as frivolous Tripati's action alleging that defendants violated his constitutional rights during his arrest and conviction for various California state charges. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

We may affirm the district court on any ground supported by the record. United States v. Washington, 969 F.2d 752, 755 (9th Cir. 1992), cert. denied, 113 S. Ct. 1945 (1993). A prisoner's 42 U.S.C. § 1983 cause of action for damages attributable to an allegedly unconstitutional conviction or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid does not accrue until his sentence or fact of imprisonment has been invalidated. Heck v. Humphrey, 114 S. Ct. 2364, 2373 (1994); Trimble v. City of Santa Rosa, No. 94-15567, slip op. 2645, 2648 (9th Cir. Mar. 9, 1995). Because Tripati's allegations necessarily imply the invalidity of his conviction, and he has not shown that his conviction has been invalidated by a state or federal court, Tripati has no cause of action at this time. See Heck at 2373; Trimble at 2649. Accordingly, the district court properly dismissed this action as a matter of law. See Heck, 114 S. Ct. at 2372.¹ 

AFFIRMED.