Monte Little Coyote, Jr. v. Lori Harper Suek

MEMORANDUM

Federal prisoner Monte' Cato Little Coyote, Jr., appeals pro se from the district court’s judgment dismissing his action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971), alleging constitutional violations arising out of his 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) (dismissal under Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994)); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000) (dismissal for failure to state a claim under 28 U.S.C. § 1915A). We affirm.

The district court properly dismissed Little Coyote’s action because Little Coyote’s conviction has not been invalidated and his habeas petition was denied. See Heck, 512 U.S. at 487 , 114 S.Ct. 2364 (if “a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence ... the complaint must be dismissed unless the plaintiff can demonstrate that the conviction or sentence has already been invalidated”); Martin v. Sias, 88 F.3d 774, 775 (9th Cir. 1996) (order) (applying the…