
    Laurence WOODS, Plaintiff-Appellant, v. Steve PADILLAS; et al., Defendants— Appellees.
    No. 03-35448.
    D.C. No. CV-03-00161-OMP.
    United States Court of Appeals, Ninth Circuit.
    Submitted Dec. 6, 2004.
    
    Decided Dec. 20, 2004.
    Laurence Woods, Portland, OR, pro se.
    Appeal from the United States District Court for the District of Oregon; Owen M. Panner, District Judge, Presiding.
    Before GOODWIN, WALLACE, and TROTT, Circuit Judges.
    
      
       The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
    
   MEMORANDUM

Laurence Woods, an Oregon state prisoner, appeals pro se the district court’s judgment dismissing under 28 U.S.C. § 1915(e)(2) for failure to state a claim his 42 U.S.C. § 1983 action alleging that he is being unlawfully incarcerated because of racial prejudice by his parole officer. This court has jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order), and we affirm.

The district court properly dismissed without prejudice Woods’ action because a judgment in his favor would necessarily imply the invalidity of his conviction. See Heck v. Humphrey, 512 U.S. 477, 487, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994).

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 Ninth Circuit Rule 36-3.
     