FILED NOT FOR PUBLICATION APR 20 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

COLVIN MCCRIGHT, No. 08-16994 Plaintiff - Appellant, D.C. No. 5:08-CV-00804-JW v. MEMORANDUM * ARNOLD SCHWARZENEGGER; et al., Defendants - Appellees.

Appeal from the United States District Court for the Northern District of California James Ware, District Judge, Presiding Submitted April 5, 2010 **

Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.

Colvin McCright, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action pursuant to 28 U.S.C.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

§ 1915A. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000), and we affirm.

The district court properly dismissed the action because a judgment in McCright’s favor would necessarily imply the invalidity of his sentence, and his sentence has not been invalidated. See Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). McCright’s reliance on Wilkinson v. Dotson, 544 U.S. 74 (2005), is unpersuasive.

McCright’s motion for default judgment is denied.

AFFIRMED.

2 08-16994