Jason Eric Sonntag v. Nevada County;

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The parties consented to proceed before a magistrate judge. See 28*
*
U.S.C. § 636(c).
The panel unanimously concludes this case is suitable for decision* **
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JASON ERIC SONNTAG,
Plaintiff - Appellant,
v.
NEVADA COUNTY; et al.,
Defendants - Appellees.
No. 11-17370
D.C. No. 2:09-cv-01224-CMK
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Craig M. Kellison, Magistrate Judge, Presiding**
Submitted September 10, 2012***
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
FILED
SEP 21 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-17370 2
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.

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