Charles Wayne Johnson, Sr. v. Frank A. Brown Penelope Ann Lavenders Susie Esqueda

87 F.3d 1319 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Charles Wayne JOHNSON, Sr., Plaintiff-Appellant, v. Frank A. BROWN; Penelope Ann Lavenders; Susie Esqueda, Defendants-Appellees. No. 95-55582. United States Court of Appeals, Ninth Circuit. Submitted June 5, 1996. * Decided June 17, 1996. Before: BRUNETTI and RYMER, Circuit Judges, and TANNER, ** District Judge. MEMORANDUM *** Johnson appeals the district court's dismissal of his 42 U.S.C. § 1983 action. Johnson's complaint sought three forms of relief, one monetary and two injunctive. In his reply brief, he withdraws his request for monetary damages and concedes that the remaining relief he seeks is injunctive. Thus we affirm the district court's dismissal with prejudice with respect to his prayer for damages. A section 1983 claim is not the appropriate vehicle for Johnson to challenge his underlying state conviction and sentence by seeking injunctive relief. Preiser v. Rodriguez, 411 U.S. 475, 489 (1973)…