FILED
NOT FOR PUBLICATION JUL 02 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
HENRY M. MITCHELL, Jr., No. 13-57051
Plaintiff - Appellant, D.C. No. 2:13-cv-08089-GAF-RZ
v.
MEMORANDUM*
DR. JEFFREY GUTSTADT, individual
and official capacities; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
Gary A. Feess, District Judge, Presiding
Submitted June 25, 2014**
Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges.
California state prisoner Henry M. Mitchell, Jr., appeals pro se from the
district court’s judgment dismissing his civil rights action alleging a conspiracy to
violate his constitutional rights. We have jurisdiction under 28 U.S.C. § 1291. We
*
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).
review de novo. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm.
The district court properly dismissed Mitchell’s action as Heck-barred
because success on the merits of his claims would necessarily imply the invalidity
of his conviction or sentence, and Mitchell failed to allege that his conviction has
been invalidated. See Heck v. Humphrey, 512 U.S. 477, 486-87 (1994) (holding
that, in order to recover damages for an allegedly unconstitutional conviction or
imprisonment, or for other harm caused by actions whose unlawfulness would
render a conviction or sentence invalid, a plaintiff must prove “that the conviction
or sentence has been reversed on direct appeal, expunged by executive order,
declared invalid by a state tribunal authorized to make such determination, or
called into question by a federal court’s issuance of a write of habeas corpus”);
McQuillion v. Schwarzenegger, 369 F.3d 1091, 1097 n.4 (9th Cir. 2004) (Heck
“applies equally” to claims brought under 42 U.S.C. § 1985).
AFFIRMED.
2 13-57051