Graver

MEMORANDUM **

Andre Ramon Craver, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action as barred under Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994), and from the order setting aside the default entered against defendant. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal under Heck. Whitaker v. Garcetti, 486 F.3d 572, 579 (9th Cir.2007). We review for an abuse of discretion a decision to set aside the entry of default. O’Connor v. Nevada, 27 F.3d 357 , 364 (9th Cir.1994). We affirm.

The district court properly dismissed the action because a judgment in Craver’s favor would necessarily imply the invalidity of his conviction, and the conviction has not been invalidated. See Heck, 512 U.S. at 486-87 , 114 S.Ct. 2364 .

The district court did not abuse its discretion by granting defendant’s motion *692 to set aside the entry of default because the record supports the district court’s conclusions that defendant’s conduct was not culpable, defendant had a meritorious defense, and setting aside the default would not prejudice Craver. See TCI Group Life Ins. Plan v.…