Johnny Andoe v. Brent Reinke

MEMORANDUM

Johnny R. Andoe, an Idaho state prisoner, appeals pro se from the district court’s judgment dismissing without prejudice his 42 U.S.C. § 1988 alleging constitutional violations in connection with Andoe’s legal mail and the prison’s provision of hygiene items and legal supplies. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir.2011) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (dismissal under 28 U.S.C. § 1915 (e)(2)). We affirm.

The district court properly dismissed Andoe’s First Amendment claim asserting that the alleged failure to mail his May 12, 2011 letter was the cause of his current confinement because success on that claim would necessarily imply the invalidity of the fact or duration of Andoe’s confinement, and Andoe did not allege that his conviction has been overturned. See Wilkinson v. Dotson, 544 U.S. 74, 81-82 , 125 S.Ct. 1242 , 161 L.Ed.2d 253 (2005) (“[A] state prisoner’s § 1983 action is barred (absent prior invalidation) — no matter the relief sought (damages or equitable relief), no matter the target of the prisoner’s suit (state…