FILED NOT FOR PUBLICATION MAR 25 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

PAUL A. WESBECHER, No. 08-17051 Plaintiff - Appellant, D.C. No. 2:01-cv-02410-FCD- DAD v. STEPHEN D. LANDAKER; et al., MEMORANDUM * Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of California Frank C. Damrell, Jr., District Judge, Presiding Submitted March 16, 2010 **

Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.

Paul A. Wesbecher appeals pro se from the district court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging excessive force.

* 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).

KV/Research We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Whitaker v. Garcetti, 486 F.3d 572, 579 (9th Cir. 2007), and we affirm.

The district court properly granted summary judgment on Wesbecher’s excessive force claim because a judgment in his favor would necessarily imply the invalidity of his convictions, and Wesbecher offered no evidence that his convictions have been invalidated. See Heck v. Humphrey, 512 U.S. 477, 486-87 (1994).

Defendant Landaker’s motion to supplement the record and motion for leave to file a late brief are granted.

AFFIRMED.

KV/Research 2 08-17051