Jason Eric SONNTAG, Plaintiff-Appellant, v. NEVADA COUNTY; et al., Defendants-Appellees, 481 F. App'x 367

MEMORANDUM 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 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, 79 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, 114 S.Ct. 2364, 129 L.Ed.2d 383 (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.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.