Conner

MEMORANDUM **

Harry J. Conner, a former Washington state prisoner, appeals pro se the district court’s summary judgment dismissing without prejudice his 42 U.S.C. § 1983 action alleging, among other things, that the defendants violated his constitutional rights by conspiring illegally to extradite him to Washington state and to prosecute him for forgery without probable cause. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Cunningham v. Gates, 312 F.3d 1148, 1153 (9th Cir. 2002), cert. denied, — U.S. —, 123 S.Ct. 1749 , 155 L.Ed.2d 511 (2003), and we may affirm on any ground supported by the record, Newton v. Diamond, 349 F.3d 591, 594 (9th Cir.2003).

The district court properly concluded that the gravamen of Conner’s action is that he was prosecuted without probable cause, and a favorable judgment would necessarily imply the invalidity of his conviction. See Smithart v. Towery, 79 F.3d 951, 952 (9th Cir.1996) (per curiam) (“There is no question that Heck bars [the plaintiffs] claims that defendants lacked probable cause to arrest him and brought unfounded criminal charges against him.”). Conner may not bring such an action unless and until his conviction…