Opinion
No. 18-36055
11-22-2019
JAMES F. SNYDER, Plaintiff-Appellant, v. CLAYTON STEVENS, Senior Trooper; Oregon State Police, in his individual capacity, Defendant-Appellee.
NOT FOR PUBLICATION
D.C. No. 2:17-cv-00352-SU MEMORANDUM Appeal from the United States District Court for the District of Oregon
Patricia Sullivan, Magistrate Judge, Presiding Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
The parties consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c).
James F. Snyder appeals pro se from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging a violation of his Fourteenth Amendment procedural due process rights. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Guatay Christian Fellowship v. County of San Diego, 670 F.3d 957, 970 (9th Cir. 2011). We affirm and remand with instructions.
The district court properly granted summary judgment for defendant because success on Snyder's § 1983 claim for monetary damages would "necessarily imply the invalidity of his [prior] conviction" for disorderly conduct and is therefore barred by Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). See Skinner v. Switzer, 562 U.S. 521, 536 (2011) (claims relying on an alleged Brady v. Maryland, 373 U.S. 83 (1963), violation are "outside the province of § 1983" under Heck); Lyall v. City of Los Angeles, 807 F.3d 1178, 1192 n.12 (9th Cir. 2015) (Heck bars convictions that were not directly appealed, even where habeas was "effectively unavailable"). In light of the fact that Snyder's suit is barred by Heck, it was unnecessary for the district court to reach the merits.
Dismissal should be without prejudice, however, so that Snyder can "reassert his claims if he ever succeeds in invalidating his conviction." Trimble v. City of Santa Rosa, 49 F.3d 583, 585 (9th Cir. 1995). We therefore remand with instructions that the district court enter judgment without prejudice.
AFFIRMED; REMANDED with instructions.