Barnett

Barnett v. Justices of the California Supreme Court

Good Law
4 F. App'x 454
United States Court of Appeals for the Ninth CircuitFebruary 21, 2001No. 99-17429; D.C. No. CV-99-00855-DFLCalifornia347 words

Opinion

Lead Opinion

MEMORANDUM

Lee Max Barnett, a California state prisoner, appeals pro se the district court’s judgment dismissing without prejudice his 42 U.S.C. § 1983 action, seeking to bring a class action challenging provisions of the California Criminal Code and challenging conditions in his prison. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a district court’s dismissal of a prisoner’s complaint pursuant to 28 U.S.C. § 1915A, see Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We affirm in part, and vacate and remand in part.

The district court properly dismissed Barnett’s claims attacking his state court conviction, see Heck v. Humphrey, 512 U.S. 477, 487 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994), including but not limited to Barnett’s claims regarding self-representation in his state criminal trial; the alleged conflict of interest of the California Supreme Court justices; and the alleged misdeeds of his appointed defense attorney.

However, the district court did not address Barnett’s prison condition claims raised in his filed amended complaint. See Denton v. Hernandez, 504 U.S. 25, 34 , 112 S.Ct. 1728 , 118 L.Ed.2d 340 (1992). To the extent that the…

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