
    WEI TANG CHEN, Plaintiff—Appellant, v. State of WASHINGTON, Defendant—Appellee.
    No. 05-35838.
    United States Court of Appeals, Ninth Circuit.
    Submitted March 8, 2006.
    
    Filed March 29, 2006.
    Wei Tang Chen, Airway Heights, WA, pro se.
    Before: CANBY, BEEZER, and KOZINSKI, Circuit Judges.
    
      
       The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Wei Tang Chen, a Washington state prisoner, appeals pro se from the district court’s judgment dismissing without prejudice his 42 U.S.C. § 1983 action alleging constitutional violations led to his criminal conviction. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s dismissal pursuant to Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994). Osborne v. Dist. Atty’s Office for the Third Judicial Dist, 423 F.3d 1050, 1052 (9th Cir.2005). We affirm.

The district court properly dismissed Chen’s action, because, if successful, it would necessarily implicate the validity of his conviction, and accordingly his only remedy is a writ of habeas corpus. See Heck, 512 U.S. at 486-87, 114 S.Ct. 2364.

Chen’s remaining contentions lack merit.

AFFIRMED. 
      
       This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
     