Jambri Johnson, Sr. v. Edmund Brown, Jr.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS APR 16 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAMBRI SEAN JOHNSON, Sr., No. 19-16454

Plaintiff-Appellant, D.C. No. 3:19-cv-03500-WHA

v.

MEMORANDUM*

EDMUND G. BROWN, Jr.; et al.,

Defendants-Appellees.

Appeal from the United States District Court

for the Northern District of California

William Alsup, District Judge, Presiding

Submitted April 7, 2020**

Before: TASHIMA, BYBEE, and WATFORD, Circuit Judges.

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.

*

This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

**

The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

1 19-16454

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 (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 (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.

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