U.S. Court of Appeals for the Ninth Circuit, 2012

Jason Sonntag v. Nevada County

Jason Sonntag v. Nevada County
U.S. Court of Appeals for the Ninth Circuit · Decided September 21, 2012 · Wardlaw, Clifton, Smith
481 F. App'x 367

Jason Sonntag v. Nevada County

Opinion

MEMORANDUM ***

Jason Eric Sonntag, a former Nevada state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations resulting from malicious prosecution and “false warrants.” We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Smithart v. Towery, 79 F.3d 951, 952 (9th Cir. 1996). We affirm.

The district court properly dismissed Sonntag’s action as Heck-barred because Sonntag’s allegations, if proven, would imply the invalidity of his conviction which has not been otherwise invalidated. See Heck v. Humphrey, 512 U.S. 477, 486-87, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994) (“[I]n order to recover damages for allegedly unconstitutional conviction ... a § 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court’s issuance of a writ of habeas corpus.”).

Sonntag’s request for appointment of counsel, made in his reply brief, is denied.

AFFIRMED.

***

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

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