*1 Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.

Federal prisoner Wesley Wayne Austin appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging federal claims arising from his state court conviction. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Whitaker v. Garcetti , 486 F.3d 572, 579 (9th *2 Cir. 2007) (dismissal under Heck v. Humphrey , 512 U.S. 477 (1994)); Resnick v. Hayes , 213 F.3d 443, 447 (9th Cir. 2000) (dismissal under 28 U.S.C. § 1915A) . We affirm.

The district court properly dismissed Austin’s action as Heck -barred because success on the claims would necessarily imply the invalidity of his sentence, and Austin failed to show that his sentence has been invalidated. See Heck , 512 U.S. at 486-87 (explaining that 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 17-35048

[*] 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).