Roberto Herrera v. Perry

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT DEC 16 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
ROBERTO HERRERA, No. 14-56003
Plaintiff - Appellant, D.C. No. 2:12-cv-01873-JAK-
DTB
v.
PERRY, individual and official capacity; MEMORANDUM*
et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Central District of California
John A. Kronstadt, District Judge, Presiding
Submitted December 9, 2015**
Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.
Roberto Herrera, a California state prisoner, appeals pro se from the district
court’s judgment in his 42 U.S.C. § 1983 action alleging that defendants violated
his constitutional rights in obtaining a state court criminal conviction. We have
*
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).
jurisdiction under 28 U.S.C. § 1291. We review de novo. Guerrero v. Gates, 442
F.3d 697, 703 (9th Cir. 2006) (dismissal under Fed. R. Civ. P. 12(b)(6)); Whitaker
v. Garcetti, 486 F.3d 572, 579 (9th Cir. 2007) (dismissal under Heck v. Humphrey,
512 U.S. 477 (1994)). We affirm.
The district court properly dismissed Herrera’s action for damages as Heck-
barred because if successful, his claims would necessarily imply the invalidity of
his conviction, and Herrera has not demonstrated that his conviction has been
overturned. See Heck, 512 U.S. at 486-87 (the district court must dismiss a
damages action, which, if successful, would necessarily imply the invalidity of a
conviction, absent a showing that the conviction has been overturned).
Herrera’s motion for copies of certain district court documents, filed on
March 16, 2015, is denied as moot.
AFFIRMED.
2 14-56003