Jenghiz Stewart v. Melyssa Roderick

MEMORANDUM

Arizona state prisoner Jenghiz K. Stewart appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional claims against two mental health clinicians who provided him with psychological treatment while he was on probation. 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), and we affirm.

The district court properly dismissed the action as barred by Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994), because success on Stewart’s claims would necessarily demonstrate the invalidity of his probation revocation, and Stewart failed to allege facts sufficient to show that his conviction or sentence 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)).

We reject as without merit Stewart’s contention that the…