Kehano

Kehano v. Hawaii

Good Law
202 F. App'x 208
United States Court of Appeals for the Ninth CircuitSeptember 19, 2006No. 05-16908California295 words

Opinion

Lead Opinion

MEMORANDUM **

Ronald I. Kehano, Sr., a Mississippi state prisoner formerly incarcerated in Hawaii and Arizona, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Osborne v. Dist. Atty’s Office for the Third Judicial Dist., 423 F.3d 1050, 1052 (9th Cir.2005) (dismissal pursuant to Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 *209 (1994)); Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000) (dismissal under screening provisions of 28 U.S.C. § 1915A). We affirm.

Before transferring the remaining claim in this action to the District of Arizona, the United States District Court for the District of Hawaii properly dismissed Kehano’s first two claims in case no. 05-00473 HG-LEK, because success on these claims would necessarily implicate the validity of Kehano’s conviction, and accordingly his only remedy is a writ of habeas corpus. See Heck, 512 U.S. at 486-87 , 114 S.Ct. 2364 .

The United States District Court for the District of Arizona properly dismissed the remaining claim as duplicative of pending claims brought in case no. CV-04-935-PHX-SMM (LOA)…

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