Douglas Ray Arledge v. Ada County;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
DOUGLAS RAY ARLEDGE,
Plaintiff-Appellant,
v.
ADA COUNTY; et al.,
Defendants-Appellees.
No. 17-35113
D.C. No. 1:15-cv-00590-EJL
MEMORANDUM*
Appeal from the United States District Court
for the District of Idaho
Edward J. Lodge, District Judge, Presiding
Submitted December 18, 2017**
Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
Former Idaho state prisoner Douglas Ray Arledge appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging
constitutional claims arising out of state court criminal proceedings. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo. Whitaker v. Garcetti,
* 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).
FILED
DEC 20 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-35113
486 F.3d 572, 579 (9th Cir. 2007) (dismissal under Heck v. Humphrey, 512 U.S.
477 (1994)); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order)
(dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii)). We affirm.
The district court properly dismissed Arledge’s action as Heck-barred
because success on his claims would necessarily imply the invalidity of
his sentence, and Arledge failed to show that his sentence has been invalidated.
See Heck, 512 U.S. at 486-87 (explaining that if “a judgment in favor of the
plaintiff would necessarily imply the invalidity of his conviction or sentence . .
. the complaint must be dismissed unless the plaintiff can demonstrate that the
conviction or sentence has already been invalidated”).
AFFIRMED.

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