Paul Blumberg v. Brian Hewitt

MEMORANDUM

Former California state prisoner Paul Blumberg appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging civil rights violations arising from his state court conviction for assault with a semiautomatic firearm, attempted murder, and conspiracy to commit murder. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under Fed.R.Civ.P. 12(c). Berg v. Popham, 412 F.3d 1122, 1125 (9th Cir.2005). We may affirm on any ground supported by the record. Guerrero v. Gates, 442 F.3d 697, 703 (9th Cir.2006). We affirm in part, reverse in part, and remand.

The district court properly dismissed Blumberg’s malicious prosecution claims as Heck-barred because a favorable judgment on these claims would necessarily imply the invalidity of his guilty plea conviction for attempted murder. See id. at 703-04 . To the extent that Blumberg’s other claims are premised on his alleged actual innocence, they fail for the same reason.

However, Blumberg’s procedural due process and conspiracy claims are premised at least in part on “Brady violations” and “fabrication of evidence” in Blum-berg’s 1998 conviction, which has been reversed,…