Robert Sanchez Lopez v. City of Phoenix

MEMORANDUM

Arizona state prisoner Robert Sanchez Lopez appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations in connection with his criminal trial and conviction. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under 28 U.S.C. § 1915A. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir.2011). We affirm.

The district court properly dismissed Lopez’s action as barred by Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994). Success on the merits of his claims would necessarily imply the invalidity of his conviction or sentence, and Lopez failed to allege facts sufficient to show that either has been invalidated. 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)); see also Heck, 512 U.S. at 479, 490 , 114 S.Ct. 2364 (§ 1983 suit alleging that prosecutors destroyed exculpatory evidence was barred);…