Ramey v. County of Fresno

U.S. Court of Appeals for the Ninth Circuit
Ramey v. County of Fresno, 357 F. App'x 877 (9th Cir. 2009)
Alarcón, Tashima, Trott

Ramey v. County of Fresno

Opinion of the Court

MEMORANDUM **

Johnney Ramey, 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). We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Huftile v. Miccio-Fonseca, 410 F.3d 1136, 1138 (9th Cir. 2005), and we affirm.

The district court properly dismissed the action because a judgment in Ramey’s favor would necessarily imply the invalidity of his conviction, and the conviction has not been invalidated. See Wilkinson v. Dotson, 544 U.S. 74, 81-82, 125 S.Ct. 1242, 161 L.Ed.2d 253 (2005).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Johnney RAMEY v. COUNTY OF FRESNO
Status
Published