Jason Sonntag v. Nevada County

MEMORANDUM

Jason Eric Sonntag, a former Nevada state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations resulting from malicious prosecution and “false warrants.” We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Smithart v. Towery, 79 F.3d 951, 952 (9th Cir.1996). We affirm.

The district court properly dismissed Sonntag’s action as Heck-barred because Sonntag’s allegations, if proven, would imply the invalidity of his conviction which has not been otherwise invalidated. See Heck v. Humphrey, 512 U.S. 477, 486-87 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994) (“[I]n order to recover damages for allegedly unconstitutional conviction ... a § 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court’s issuance of a writ of habeas corpus.”).

Sonntag’s request for appointment of counsel, made in his reply brief, is denied.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent…