WESLEY AUSTIN V. LAWRENCE G. WASDEN, No. 17-35048 (9th Cir. 2017)

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FILED NOT FOR PUBLICATION DEC 20 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT WESLEY WAYNE AUSTIN, Plaintiff-Appellant, No. U.S. COURT OF APPEALS 17-35048 D.C. No. 4:16-cv-00172-BLW v. MEMORANDUM* LAWRENCE G. WASDEN; et al., Defendants-Appellees. Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, Chief Judge, Presiding Submitted December 18, 2017** Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges. Federal prisoner Wesley Wayne Austin appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging federal claims arising from his state court conviction. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Whitaker v. Garcetti, 486 F.3d 572, 579 (9th * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Cir. 2007) (dismissal under Heck v. Humphrey, 512 U.S. 477 (1994)); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000) (dismissal under 28 U.S.C. § 1915A) . We affirm. The district court properly dismissed Austin’s action as Heck-barred because success on the claims would necessarily imply the invalidity of his sentence, and Austin failed to show that his sentence has been invalidated. See Heck, 512 U.S. at 486-87 (explaining that if “a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence . . . the complaint must be dismissed unless the plaintiff can demonstrate that the conviction or sentence has already been invalidated”). AFFIRMED. 2 17-35048

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