Opinion
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
D.C. No. CV-95-02474-CAM/BGS
Editorial Note:
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Appeal from the United States District Court for the District of Arizona C.A. Muecke, District Judge, Presiding.
Before GOODWIN, LEAVY, and TASHIMA, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
Casey Lee Harper, an Arizona state prisoner, appeals pro se the district court's judgment dismissing his 42 U.S.C. § 1983 action pursuant to 28 U.S.C. § 1915(d) under Heck v. Humphrey, 512 U.S. 477 (9th Cir.1994). We have jurisdiction pursuant to 28 U.S.C. § 1291. We vacate and remand.
The district court erred by dismissing Harper's action as frivolous under Heck because it is not absolutely clear from the complaint that Harper's claims necessarily implicate the invalidity of his conviction or sentence. Accordingly, we vacate and remand with instructions to provide Harper an opportunity to amend his complaint and an explanation of the complaint's deficiencies. See Noll v. Carlson, 809 F.2d 1446, 1448 (9th Cir.1987).
VACATED and REMANDED.