Terry James Tucker, Plaintiff-appellant, v. Arizona Department of Corrections; Samuel A. Lewis; J.c.keeney; Richard Godbehere, Defendants-appellees, 141 F.3d 1179 (9th Cir. 1998)

MEMORANDUM^* 

Terry James Tucker, an Arizona state prisoner, appeals pro se the district court's dismissal of his civil-rights action. We have jurisdiction pursuant to 28 U.S.C. § 1291. We dismiss appeals from prisoners proceeding in forma pauperis which are frivolous. See Marks v. Solcum, 98 F.3d 494, 495 (9th Cir. 1996) (per curiam).

Tucker contends that defendants held him without legal authority because they did not have a properly certified copy of the judgment on his sentence and conviction. Because Tucker failed to allege that the sentence and conviction underlying his confinement has been invalidated, Tucker may not pursue this claim in an action for damages or injunctive relief. See Heck v. Humphrey, 512 U.S. 477, 486-87, 114 S. Ct. 2364, 129 L. Ed. 2d 383 (1994); Preiser v. Rodriguez, 411 U.S. 475, 500, 93 S. Ct. 1827, 36 L. Ed. 2d 439 (1973). The dismissal of Tucker's action and appeal is without prejudice. See Trimble v. City of Santa Rosa, 49 F.3d 583, 585 (9th Cir. 1995) (per curiam).

We reject Tucker's allegation of judicial bias because it is based solely on prior judicial rulings. See Liteky v. United States, 510 U.S. 540, 555, 114 S. Ct. 1147, 127 L. Ed. 2d 474 (1994).

DISMISSED.