McAnally

MEMORANDUM *

Marcus McAnally appeals from the court’s dismissal of his 42 U.S.C. § 1983 and state law claims. Because the parties are familiar with the facts and procedural history, we will not recount it here. We affirm in part and reverse in part.

I

The district court correctly conclud ed that MeAnally’s § 1983 claims were barred by res judicata. Res judicata the litigation of “any claims that were raised or could have been raised” in a previous lawsuit. Owens v. Raiser Found. Health Plan, Inc., 244 F.3d 708, 713 (9th Cir.2001) (quoting W. Radio Servs. Co. v. Glickman, 123 F.3d 1189 , 1192 (9th Cir.1997)).

McAnally’s § 1983 allegations accrued before he filed his previous lawsuit. Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994) did not delay their accrual because the Supreme Court has rejected the suggestion that “an action which would impugn an anticipated future conviction cannot be brought until that conviction occurs and is set aside.” Wallace v. Kato, 549 U.S. 384, 393 , 127 S.Ct. 1091 , 166 L.Ed.2d 973 (2007). The new rules announced in Wallace apply retroactively to McAnally because the Supreme Court applied these rules to the parties in…