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Shannon Starr v. Oakland Police Department
675 F. App'x 795
| 9th Cir. | 2017
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Docket

*1 Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.

Shannon Lee Starr appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deprivation of the right to a fair trial. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. *2 Hamilton v. Brown , 630 F.3d 889, 892 (9th Cir. 2011) (dismissal for failure to state a claim under 28 U.S.C. § 1915A); Whitaker v. Garcetti , 486 F.3d 572, 579 (9th Cir. 2007) (dismissal under Heck v. Humphrey , 512 U.S. 477 (1994)). We affirm.

The district court properly dismissed Starr’s action as Heck -barred because success on Starr’s claims would necessarily imply the invalidity of his conviction or sentence, and Starr failed to allege that his conviction had been invalidated. See Heck , 512 U.S. at 486-87 (if “a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence . . . the complaint must be dismissed unless the plaintiff can demonstrate that the conviction or sentence has already been invalidated”).

AFFIRMED.

2 15-16447

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Case Details

Case Name: Shannon Starr v. Oakland Police Department
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Jan 26, 2017
Citation: 675 F. App'x 795
Docket Number: 15-16447
Court Abbreviation: 9th Cir.
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