MEMORANDUM **

Derrick George Wynter appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action, which alleged an illegal search and seizure. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the judgment dismissing pursuant to 28 U.S.C. § 1915A(b)(1), Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000), and we affirm.

The district court properly dismissed the action without prejudice because Wyn-ter may not bring such an action unless and until his conviction has been invalidated. See Heck v. Humphrey, 512 U.S. 477, 486-87, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994); Trimble v. City of Santa Rosa, 49 F.3d 583, 586 (9th Cir. 1995) (dismissing without prejudice).

AFFIRMED.