JOHNSON v. BROWN (2020)

MEMORANDUM **

California state prisoner Jambri Sean Johnson, Sr., appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging wrongful conviction and conspiracy claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm.

The district court properly dismissed Johnson’s action as barred by Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), because success would necessarily imply the invalidity Johnson’s conviction or sentence, and Johnson failed to allege facts sufficient to show that his conviction or sentence has been invalidated. See Wilkinson v. Dotson, 544 U.S. 74, 78, 125 S.Ct. 1242, 161 L.Ed.2d 253 (2005) (a prisoner in state custody cannot use a § 1983 action to challenge the fact or duration of his confinement, but must instead seek federal habeas corpus relief).

We do not consider arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.