DANIEL BORDEN, SR. V. R. GAUTIER, No. 10-17822 (9th Cir. 2012)
Annotate this Case
Download PDF
FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 27 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT DANIEL F. BORDEN, Sr., Plaintiff - Appellant, No. 10-17822 D.C. No. 2:10-cv-02435-KJN v. MEMORANDUM * R. GAUTIER; et al., Defendants - Appellees. Appeal from the United States District Court for the Eastern District of California Kendall J. Newman, Magistrate Judge, Presiding ** Submitted April 17, 2012 ** Before: LEAVY, PAEZ, and BEA, Circuit Judges. California state prisoner Daniel F. Borden, Sr., appeals pro se from the * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** Borden consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c). *** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). district court s judgment dismissing his 42 U.S.C. § 1983 action alleging malicious prosecution and other claims related to his conviction. We review de novo, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000), and we affirm. The district court properly dismissed without prejudice Borden s action because it appears from the face of the complaint that the action is Heck-barred. See Heck v. Humphrey, 512 U.S. 477, 483-87 (1994) (applying the hoary principle that civil tort actions are not appropriate vehicles for challenging the validity of outstanding criminal judgments . . . to § 1983 damages actions that necessarily require the plaintiff to prove the unlawfulness of his conviction or confinement ). Borden s remaining contentions are unpersuasive. Borden s request to waive copies is granted. All other pending motions and requests are denied. AFFIRMED. 2 10-17822
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
