Gene Moran v. Meagan Beale

MEMORANDUM

Gene Moran, a former California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that the defendants failed to correct perjured testimony by government witnesses. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Reyn’s Pasta Bella, LLC v. Visa USA, Inc., 442 F.3d 741 , 745 (9th Cir.2006). We affirm.

The district court properly dismissed Moran’s action because he seeks to litigate issues identical to those that were already litigated and decided in his federal habeas case. See Hawkins v. Risley, 984 F.2d 321, 323-25 (9th Cir.1993) (per curiam) (precluding a plaintiff from religitating claims in a civil rights action that were already litigated and decided in his federal habeas case); see also Reyn’s Pasta Bella, 442 F.3d at 746 (listing the elements for issue preclusion). Moreover, Moran’s section 1983 claims are Heck-barred. See Heck v. Humphrey, 512 U.S. 477, 486-87 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994) (precluding a section 1983 action when a judgment in favor of the plaintiff would necessarily imply invalidity of his sentence); see also Spencer v. Kemna, 523 U.S. 1, 7-8 , 118 S.Ct.…