Johnney Ramey v. County of Fresno;

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
EN/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHNNEY RAMEY,
Plaintiff - Appellant,
v.
COUNTY OF FRESNO; et al.,
Defendants - Appellees.
No. 08-16688
D.C. No. 1:08-cv-00832-OWW-
GSA
MEMORANDUM *
Appeal from the United States District Court
for the Eastern District of California
Oliver W. Wanger, District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT and TASHIMA, Circuit Judges.
Johnney Ramey, a California state prisoner, appeals pro se from the district
court’s judgment dismissing his 42 U.S.C. § 1983 action as barred under Heck v.
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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Humphrey, 512 U.S. 477 (1994). We have jurisdiction under 28 U.S.C. § 1291.
We review de novo, Huftile v. Miccio-Fonseca, 410 F.3d 1136, 1138 (9th Cir.
2005), and we affirm.
The district court properly dismissed the action because a judgment in
Ramey’s favor would necessarily imply the invalidity of his conviction, and the
conviction has not been invalidated. See Wilkinson v. Dotson, 544 U.S. 74, 81-82
(2005).
AFFIRMED.

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