Dimitar Dermendziev v. State of Washington

MEMORANDUM

Washington state prisoner Dimitar Der-mendziev appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging claims related to an investigation by Child Protective Services and his subsequent criminal conviction and incarceration. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000) (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 in part, vacate in part, and remand.

The district court properly dismissed without prejudice Dermendziev’s claims relating to his conditions of confinement at Coyote Ridge Corrections Center because venue was not proper in the Western District of Washington. See 28 U.S.C. §§ 1391 (b), 1406(a); Myers v. Bennett Law Offices, 238 F.3d 1068, 1071 (9th Cir.2001) (setting forth standard of review).

The district court properly dismissed as Heck-barred Counts 1 and 2 of Dermendziev’s complaint because success on these claims would necessarily imply the invalidity of his conviction, and Dermendziev failed to allege that his conviction has been…