Opinion

Brown v. People ex rel. Lockyer

  • 52 F. App'x 960
Court
Court of Appeals for the Ninth Circuit
Filed
Dec 11, 2002
Status
Published
On the bench
Goodwin, Graber, Trott
Cited by
0 cases
Authority
More cited than 20.7%

The opinion

*961 MEMORANDUM **

Robert A. Brown appeals pro se the district court’s judgment dismissing for failure to state a claim his 42 U.S.C. § 1988 action alleging violations of his human rights and of the Federal Speedy Trial Act. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Zimmerman v. City of Oakland, 255 F.3d 734, 737 (9th Cir.2001), and we affirm.

Because a judgment in Brown’s favor on his claims of error and misconduct leading to his 1999 conviction and sentence for making terrorist threats would necessarily imply the invalidity of his sentence, the district court properly dismissed those claims without prejudice. See Heck v. Humphrey, 512 U.S. 477, 486-87 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994).

The district court correctly dismissed Brown’s remaining claims because they were time-barred. See Wilson v. Garcia, 471 U.S. 261, 276 , 105 S.Ct. 1938 , 85 L.Ed.2d 254 (1985); Elliott v. Union City, 25 F.3d 800, 802-03 (9th Cir.1994).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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