Kay Elliott Farley, Ii, Plaintiff-appellant, v. Swayn E. Moore; Rand Schuft; Wayne Teglia; and Johnslansky, Defendants-appellees, 92 F.3d 1192 (9th Cir. 1996)
Annotate this CaseBefore: WOOD, Jr.,** CANBY, and RYMER, Circuit Judges.
MEMORANDUM***
Kay Elliott Farley, II appeals the dismissal of his action filed pursuant to 42 U.S.C. § 1983. We previously affirmed the denial of Farley's action, but granted rehearing so that the applicability of the Supreme Court's decision in Heck v. Humphrey, 114 S. Ct. 2364 (1994), could be assessed.
Reviewing Farley's complaint under this authority, we find that Farley's complaint fails to allege any compensable injury apart from imprisonment or conviction and is thus barred. Id. at 2372 n. 7. Furthermore, Farley's claims are barred as they would, if proven, invalidate his conviction. Id. at 2372. The fact that Farley is no longer imprisoned does not affect this result. Id. at 2374 n. 10. Therefore, we affirm the district court's dismissal, without prejudice, of Farley's complaint.
Affirmed.
The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4
The Honorable Harlington Wood, Jr., United States Circuit Judge for the Seventh Circuit, sitting by designation
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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