Green

MEMORANDUM *

Bliss Heberlein Green (Green) was convicted of Driving Under the Influence of Intoxicants on or about March 4, 1999 in Eugene, Oregon. Green’s appeals to the Oregon Court of Appeals and Oregon Supreme Court were denied. Green’s subsequent complaint against the City of Eugene arising out of his arrest and conviction filed in federal district court was dismissed. Fed.R.Civ.P. 12(b)(6). Green appeals. We affirm.

We have jurisdiction to review the district court’s final order and judgment under 28 U.S.C. § 1291 . We review de novo *608 a dismissal under Fed.R.Civ.P. 12(b)(6). Oxygenated Fuels Ass’n Inc. v. Davis, 331 F.3d 665, 667 (9th Cir.2003).

I

Under 42 U.S.C. § 1983 , Green must first prove that his conviction has been reversed, expunged, declared invalid, or called into question by way of a writ of habeas corpus under 28 U.S.C. § 2254 . Heck v. Humphrey, 512 U.S. 477, 486-487 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994). A conviction that has not been invalidated is not cognizable under 42 U.S.C. § 1983 . Id. at 487 , 114 S.Ct. 2364 . Unless Green can demonstrate that his conviction has been invalidated, Green’s complaint must be dismissed. Id. Green has not…