Badgett v. California Department of Corrections

Full title: Lance Christopher BADGETT; et al., Plaintiffs-Appellants, v. CALIFORNIA…

Court: United States Court of Appeals, Ninth Circuit

Date published: Nov 5, 2008

298 F. App'x 679 (9th Cir. 2008)

Opinion

No. 07-15559.

Submitted October 28, 2008^_.

_ The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2). Accordingly, appellants motion for oral argument is denied.

Filed November 5, 2008.

Lance Christopher Badgett, Vacaville, CA, pro se.

Appeal from the United States District Court for the Eastern District of California; Garland E. Burrell, Chief Judge, Presiding. D.C. No. CV-05-02608-GEB/ EFB.

Before HAWKINS, RAWLINSON and M. SMITH, Circuit Judges.

MEMORANDUM^__

__ This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

California state prisoners Lance Christopher Badgett, John Badgett, Barry Wiley and Forrest Richardson ("appellants"), appeal pro se from the district court's judgment dismissing their 42 U.S.C. § 1983 action as barred under Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Whitaker v. Garcetti, 486 F.3d 572, 579 (9th Cir. 2007), and we affirm.

The district court properly dismissed appellants' action challenging the duration of their confinement. See Heck, 512 U.S. at 486, 114 S.Ct. 2364 (explaining that a civil tort action is not the appropriate vehicle for challenging the validity of a criminal conviction or sentence).

AFFIRMED.