Theron Lynch v. Alameda County

U.S. Court of Appeals for the Ninth Circuit
Theron Lynch v. Alameda County, 398 F. App'x 295 (9th Cir. 2010)

Theron Lynch v. Alameda County

Opinion

MEMORANDUM **

Theron N. Lynch, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that the abstract of judgment for his sentence is incorrect and requires him to serve his full sentence. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm.

The district court properly dismissed the action as Hee/c-barred because a judgment in Lynch’s favor “would necessarily imply the invalidity of his ... sentence,” and Lynch has not demonstrated that his sentence has already been invalidated. 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 is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Theron N. LYNCH, Plaintiff-Appellant, v. ALAMEDA COUNTY; Et Al., Defendants-Appellees
Status
Unpublished