U.S. Court of Appeals for the Ninth Circuit, 2006

Mimms v. Petrucelli

Mimms v. Petrucelli
U.S. Court of Appeals for the Ninth Circuit · Decided February 17, 2006 · Bybee, Fernandez, Rymer
168 F. App'x 165

Mimms v. Petrucelli

Opinion of the Court

MEMORANDUM **

Demond Maurice Mimms, a California state prisoner, appeals pro se from the district court’s order dismissing his 42 U.S.C. § 1983 action alleging that defendants sentenced him to an unconstitutional prison term. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order), and we affirm.

The district court properly dismissed Mimms’s action because his challenge concerns the legality of his detention, and a *166judgment in his favor would necessarily imply the invalidity of his continued confinement. See Heck v. Humphrey, 512 U.S. 477, 487, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

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