Kille
Kille v. O'Brien
Opinion
lead Opinion
MEMORANDUM **
David August Kille, Sr., a Nevada state prisoner, appeals pro se from the district court’s order dismissing for failure to state a claim his 42 U.S.C. § 1983 action alleging that defendants violated his constitutional rights by conspiring to convict him of certain crimes. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Osborne v. Dist. Attorney’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 (1994)); Ramirez v. Galaza, 334 F.3d 850, 853 (9th Cir.2003) (dismissal under screening provisions of 28 U.S.C. § 1915A). We may affirm on any basis supported by the record. United States v. State of Wash., 969 F.2d 752, 755 (9th Cir.1992). We affirm.
The district court properly dismissed Kille’s section 1983 action as Heck-barred because his allegations necessarily implicate the validity of his conviction, and Kille failed to prove that his conviction was reversed, expunged, or otherwise called into question. See Heck, 512 U.S. at 486-87 , 114 S.Ct. 2364 .
To the extent Kille alleges a legal injury caused by a family court judgment against him,…