Cedric Howard v. Doria Selling

399 F. App'x 205

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 6, 2010
• Docket: 08-16863
• Status: Unpublished

Opinion

MEMORANDUM **

Cedric 0. Howard, a Nevada state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that the Nevada Parole Board denied him institutional parole. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s dismissal under 28 U.S.C. § 1915(e)(2), Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order), and 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We affirm.

The district court properly dismissed the action because Howard’s claim that he was denied institutional parole is Heckbarred. See Heck v. Humphrey, 512 U.S. 477, 486-87, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994); Butterfield v. Bail, 120 F.3d 1023, 1024-25 (9th Cir.1997) (“Few things implicate the validity of continued confinement more directly than the allegedly improper denial of parole.”).

AFFIRMED.

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