Opinion
No. 11-17370 D.C. No. 2:09-cv-01224-CMK
09-21-2012
JASON ERIC SONNTAG, Plaintiff - Appellant, v. NEVADA COUNTY; et al., Defendants - Appellees.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Eastern District of California
Craig M. Kellison, Magistrate Judge, Presiding
The parties consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c).
Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Jason Eric Sonntag, a former Nevada state prisoner, appeals pro se from the district court's judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations resulting from malicious prosecution and "false warrants." We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Smithart v. Towery, 71 F.3d 951, 952 (9th Cir. 1996). We affirm.
The district court properly dismissed Sonntag's action as Heck-barred because Sonntag's allegations, if proven, would imply the invalidity of his conviction which has not been otherwise invalidated. See Heck v. Humphrey, 512 U.S. 477, 486-87 (1994) ("[I]n order to recover damages for allegedly unconstitutional conviction . . . a § 1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus.").
Sonntag's request for appointment of counsel, made in his reply brief, is denied.
AFFIRMED.