NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 20 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
WESLEY WAYNE AUSTIN, No. 17-35048
Plaintiff-Appellant, 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