Young
Young v. Trans Union
Opinion
Lead Opinion
MEMORANDUM **
Howard Young appeals pro se the dismissal of his complaint against numerous defendants alleging causes of action arising out of his ongoing prosecution in California state court. We review de novo the dismissal of a prisoner’s complaint pursuant to 28 U.S.C. § 1915 . Ramirez v. Galazo, 334 F.3d 850 , 853-54 (9th Cir.2003).
The district court correctly determined that Heck v. Humphrey, 512 U.S. 477, 487-88 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994), bars Young’s 42 U.S.C. § 1983 claims against various state actors. Though Young’s prosecution was ongoing at the time the district court dismissed his case, Heck also applies to “pending criminal charges.” Harvey v. Waldron, 210 F.3d 1008, 1014 (9th Cir.2000).
The district court also dismissed on Heck grounds Young’s claims against several non-state-actor defendants, including Visa USA and credit reporting agencies Experian, Trans Union, and Equifax. In doing so, however, the court did not specifically address whether Heck bars civil claims against non-state actors. We therefore reverse the dismissal of these claims and remand to allow the district court to consider this question in the first instance.