Michael Glasgow v. Stephen Smith

MEMORANDUM

Michael Henri Glasgow appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging claims related to his arrest and criminal conviction. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Whitaker v. Garcetti, 486 F.3d 572, 579 (9th Cir. 2007). We may affirm on any basis supported by the record, Gordon v. Virtumundo, Inc., 575 F.3d 1040, 1047 (9th Cir. 2009), and we affirm.

Summary judgment on Glasgow’s action as barred by Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994) was proper because success on Glasgow’s claims would necessarily imply the invalidity of Glasgow’s conviction or sentence, and Glasgow failed to show that either has been invalidated. See id. at 486-87 , 114 S.Ct. 2364 (holding that, “in order to recover damages for allegedly unconstitutional conviction or imprisonment, or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid,” a plaintiff must prove that the conviction or sentence has been invalidated). We. construe the district court’s summary judgment as dismissing the action without prejudice. See Belanus v. Clark, 796 F.3d 1021,…