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McCright v. Schwarzenegger
Citation: 376 F. App'x 795Docket: No. 08-16994
Court: Court of Appeals for the Ninth Circuit; April 20, 2010; Federal Appellate Court
Colvin McCright, a California state prisoner, appeals the dismissal of his 42 U.S.C. § 1983 action by the district court under 28 U.S.C. § 1915A. The appellate court has jurisdiction under 28 U.S.C. § 1291 and conducts a de novo review. The court affirms the dismissal, concluding that a favorable judgment for McCright would imply the invalidity of his current sentence, which has not been overturned, in accordance with the ruling in Heck v. Humphrey. McCright's reference to Wilkinson v. Dotson is found to be unpersuasive. His motion for default judgment is also denied. The decision is affirmed and noted as not suitable for publication or precedent except under specific circuit rules.