Donald Barren v. Philip Kohn

MEMORANDUM

Donald Robin Barren, a Nevada state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various constitutional violations in connection with the criminal proceedings that led to Barren’s conviction, as well as subsequent conduct by prison officials. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a district court’s dismissal under 28 U.S.C. § 1915A for failure to state a claim. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir.2011). We review for an abuse of discretion a denial of leave to amend. Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir.2000) (en banc). We may affirm on any ground supported by the record. Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir.2008). We affirm in part, vacate in part, and remand.

The district court properly dismissed Counts I through VIII of Barren’s complaint as Heck-barred because success on the merits of his claims would necessarily imply the invalidity of his conviction or sentence, and Barren failed to allege that his conviction has been invalidated. See Heck v. Humphrey, 512 U.S. 477, 486-87 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994). To the…