Manuel Burruel, Iii v. ROB BONTA, California Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MANUEL BURRUEL, III,
Plaintiff-Appellant,
v.
ROB BONTA, California Attorney General,
Defendant-Appellee.
No. 23-15065
D.C. No. 1:22-cv-00116-ADA-EPG
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Ana de Alba, District Judge, Presiding
Submitted October 10, 2023 **
Before: S.R. THOMAS, McKEOWN, and HURWITZ, Circuit Judges.
Manuel Burruel, III, appeals pro se from the district court’s judgment
dismissing his 42 U.S.C. § 1983 action alleging constitutional violations arising
from his civil commitment. We have jurisdiction under 28 U.S.C. § 1291. We
review de novo. Watison v. Carter, 668 F.3d 1108, 1112 (9th Cir. 2012) (dismissal
* 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).
FILED
OCT 18 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 23-15065
under 28 U.S.C. § 1915(e)(2)(B)(ii)); 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 Burruel’s constitutional claims as
Heck-barred because success on his claims would necessarily imply the invalidity
of his civil commitment, and Burruel has not demonstrated that his commitment
has been invalidated. See Huftile v. Miccio-Fonseca, 410 F.3d 1136, 1140-41 (9th
Cir. 2005) (holding that a plaintiff’s claims are Heck-barred where the success of
his § 1983 claim “would necessarily imply the invalidity of his civil
commitment”); see also Heck, 512 U.S. at 486-87 (holding 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”). Contrary to
Burruel’s contention, the district court did not err by construing this case as a
§ 1983 action.
We do not consider arguments and allegations raised for the first time on
appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
All pending motions are denied.
AFFIRMED.

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