Murillo-Contreras

MEMORANDUM **

Federal prisoner Jesus Gerardo Murillo-Contreras appeals pro se the district court’s judgment dismissing his Bivens action, alleging, inter alia, the defendants used excessive force during his arrest in violation of the Fourth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Jackson v. City of Bremerton, 268 F.3d 646, 650 (9th Cir.2001), and we affirm.

Murillo-Contreras contends that his arrest constituted kidnaping, endangerment and unlawful detention by the defendants. The district court properly dismissed these claims without prejudice because success on the merits would necessarily imply the invalidity of Murillo-Contreras’ conviction. See Cabrera v. City of Huntington Park, 159 F.3d 374, 380 (9th Cir.1998) (per curiam) (citing Heck v. Humphrey, 512 U.S. 477, 486-87 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994)); see also Beezley v. Fremont Indem. Co., 804 F.2d 530 , 530 n. 1 (9th Cir.1986) (per curiam) (noting that the court may affirm on any basis fairly supported by the record).

Murillo-Contreras next contends that the district court did not consider the merits of defendants’ summary judgment motion and improperly based its…