Butterfield

Washington state prisoner Richard A. Butterfield appeals pro se the district court’s dismissal of his 42 U.S.C. § 1983 action alleging that defendants violated his due process rights when they relied on false information in Butterfield’s prison file to find him ineligible for parole. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s Fed.R.Civ.P. 12(b)(6) dismissal for failure to state a claim, see Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir.1988), and we affirm.

I.

Butterfield contends that the district court erred when it found that his action was barred by Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994). Heck precludes a prisoner’s § 1983 claim that, if successful, would invalidate a conviction or sentence “where that conviction [or sentence] has not been reversed, expunged or called into question by issuance of a writ of habeas corpus.” Smithart v. Towery, 79 F.3d 951, 952 (9th Cir.1996) (citing Heck, 512 U.S. at 486-87 , 114 S.Ct. at 2371-72 ). We previously held that Heck does not bar a prisoner’s § 1983 claim that purports to challenge an allegedly unconstitutional prison hearing solely on…