Opinion
No. 18-16790
09-26-2019
RICHARD LOUIS ARNOLD PHILLIPS, Plaintiff-Appellant, v. KEVIN CHAPPELL, Warden, San Quentin State Prison; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 5:17-cv-00875-EJD MEMORANDUM Appeal from the United States District Court for the Northern District of California
Edward J. Davila, District Judge, Presiding Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
California state prisoner Richard Louis Arnold Phillips appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging federal claims in connection with his confinement in state prison. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court's dismissal under 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). We affirm.
The district court properly dismissed Phillips's claim premised on his allegedly illegal confinement in state prison as barred by Heck v. Humphrey, 512 U.S. 477 (1994), because success on this claim would necessarily demonstrate the invalidity of the duration of his confinement. 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." (citation and internal quotation marks omitted)).
We do not consider matters not specifically and distinctly raised and argued in the opening brief. Se e Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
Defendants' motion to take judicial notice (Docket Entry No. 19) is denied as unnecessary.
AFFIRMED.