Dewayne Thompson v. M. Hernandez

MEMORANDUM

California state prisoner DeWayne Thompson appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1988 action alleging procedural due process violations in connection with a disciplinary hearing. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Huftile v. Miccio-Fonseca, 410 F.3d 1136, 1138 (9th Cir.2005) (dismissal under 28 U.S.C. § 1915 (e)(2)(B)(ii)); Ramirez v. Galaza, 334 F.3d 850, 853 (9th Cir.2003) (dismissal under 28 U.S.C. § 1915A). We affirm.

The district court properly dismissed Thompson’s action as barred by Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994), because success in Thompson’s action would necessarily demonstrate the invalidity of his disciplinary conviction and loss of time credits, and Thompson failed to allege facts sufficient to show their invalidation. See Wilkinson v. Dotson, 544 U.S. 74, 80-82 , 125 S.Ct. 1242 , 161 L.Ed.2d 253 (2005) (a prisoner’s § 1983 action is barred if success “would necessarily demonstrate the invalidity of confinement or its duration[,]” unless “the conviction or sentence has already been invalidated” (citation and internal quotation marks omitted));…