Graver v. Franco
Graver v. Franco
Opinion of the Court
MEMORANDUM
Andre Ramon Craver, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action as barred under Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), and from the order setting aside the default entered against defendant. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Heck. Whitaker v. Garcetti, 486 F.3d 572, 579 (9th Cir. 2007). We review for an abuse of discretion a decision to set aside the entry of default. O’Connor v. Nevada, 27 F.3d 357, 364 (9th Cir. 1994). We affirm.
The district court properly dismissed the action because a judgment in Craver’s favor would necessarily imply the invalidity of his conviction, and the conviction has not been invalidated. See Heck, 512 U.S. at 486-87, 114 S.Ct. 2364.
The district court did not abuse its discretion by granting defendant’s motion
The district court also did not abuse its discretion by denying Craver’s motion for sanctions. See Air Separation, Inc. v. Underwriters at Lloyd’s of London, 45 F.3d 288, 291 (9th Cir. 1995) (providing standard of review).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.