Theron Lynch v. Alameda County, et al, No. 09-15192 (9th Cir. 2010)

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FILED OCT 06 2010 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT THERON N. LYNCH, No. 09-15192 Plaintiff - Appellant, D.C. No. 4:08-cv-05424-PJH v. MEMORANDUM * ALAMEDA COUNTY; et al., Defendants - Appellees. Appeal from the United States District Court for the Northern District of California Phyllis J. Hamilton, District Judge, Presiding Submitted September 13, 2010 ** Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges. Theron N. Lynch, a California state prisoner, appeals pro se from the district court s judgment dismissing his 42 U.S.C. § 1983 action alleging that the abstract of judgment for his sentence is incorrect and requires him to serve his full sentence. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm. The district court properly dismissed the action as Heck-barred because a judgment in Lynch s favor would necessarily imply the invalidity of his . . . sentence, and Lynch has not demonstrated that his sentence has already been invalidated. Heck v. Humphrey, 512 U.S. 477, 487 (1994). AFFIRMED. 2 09-15192

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