Abbott

Abbott v. Craven

Good Law
320 F. App'x 673
United States Court of Appeals for the Ninth CircuitMarch 26, 2009No. 07-35868California344 words

Opinion

Lead Opinion

MEMORANDUM **

Dennis E. Abbott appeals pro se from the district court’s summary judgment dismissing his 42 U.S.C. § 1983 action in which Abbott claimed that members of the Idaho Commission of Pardons and Parole improperly increased the duration of his sentence, violated his due process rights, and violated the Ex Post Facto Clause by requiring him to complete sex-offender treatment as a prerequisite to parole eligibility. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo summary judgment and the determination that a complaint fails to state a claim, Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curiam), and we affirm.

Abbott’s challenges to his re-sentencing in 1986 and the denial of parole are barred by Heck v. Humphrey, 512 U.S. 477, 486-87 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994) (holding “that, in order to recover damages for allegedly unconstitutional conviction or imprisonment, or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid, 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…

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