Steven Turner, Jr. v. William Sullivan ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS SEP 15 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
STEVEN DEON TURNER, Jr., No. 19-16848
Plaintiff-Appellant, D.C. No. 1:17-cv-01737-AWI-JDP
v.
MEMORANDUM*
WILLIAM JOE SULLIVAN, Warden,
Tehachapi California Correctional
Institution; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, District Judge, Presiding
Submitted September 8, 2020**
Before: TASHIMA, SILVERMAN, and OWENS, Circuit Judges.
California state prisoner Steven Deon Turner, Jr., appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging
retaliation and conspiracy claims arising out of a disciplinary charge. We have
*
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).
jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal as Heck-
barred. Whitaker v. Garcetti, 486 F.3d 572, 579 (9th Cir. 2007). We affirm.
The district court properly dismissed Turner’s action as barred by Heck v.
Humphrey, 512 U.S. 477 (1994), because Turner challenged the disciplinary
charge and the resulting loss of good-time credits but he failed to allege facts
sufficient to show that the disciplinary charge, including the loss of good-time
credits, had been invalidated. See Wilkinson v. Dotson, 544 U.S. 74, 78 (2005)
(“[A] prisoner in state custody cannot use a § 1983 action to challenge the fact or
duration of his confinement,” but “must [instead] seek federal habeas corpus
relief[.]” (citation and internal quotation marks omitted)); Edwards v. Balisok, 520
U.S. 641, 645 (1997) (challenge to loss of good-time credits not cognizable under
§ 1983).
Turner’s motion for judicial notice (Docket Entry No. 5) is denied.
AFFIRMED.
2 19-16848