FILED
NOT FOR PUBLICATION JUN 22 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MICHAEL HENRI GLASGOW, No. 13-35977
Plaintiff - Appellant, D.C. No. 3:12-cv-00081-SLG
v.
MEMORANDUM*
STEPHEN E. SMITH,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Alaska
Sharon L. Gleason, District Judge, Presiding
Submitted June 14, 2016**
Before: BEA, WATFORD, and FRIEDLAND, Circuit Judges.
Michael Henri Glasgow appeals pro se from the district court’s summary
judgment in his 42 U.S.C. § 1983 action alleging claims related to his arrest and
criminal conviction. We have jurisdiction under 28 U.S.C. § 1291. We review de
novo. Whitaker v. Garcetti, 486 F.3d 572, 579 (9th Cir. 2007). We may affirm on
*
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).
any basis supported by the record, Gordon v. Virtumundo, Inc., 575 F.3d 1040,
1047 (9th Cir. 2009), and we affirm.
Summary judgment on Glasgow’s action as barred by Heck v. Humphrey,
512 U.S. 477 (1994) was proper because success on Glasgow’s claims would
necessarily imply the invalidity of Glasgow’s conviction or sentence, and Glasgow
failed to show that either has been invalidated. See id. at 486-87 (holding that, “in
order to recover damages for 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 invalidated). We construe the district court’s summary
judgment as dismissing the action without prejudice. See Belanus v. Clark, 796
F.3d 1021, 1025 (9th Cir. 2015) (dismissals under Heck are without prejudice).
We reject Glasgow’s contentions that Heck should not apply because his
counsel was ineffective.
We do not consider arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
All pending requests are denied.
AFFIRMED.
2 13-35977