In what circumstances will a defendant be granted a motion to vacate his drug conviction?

In this case, plaintiff challenges the procedure and process surrounding his 2009 conviction, and seeks both money damages as well as a vacation of the underlying conviction. To the extent plaintiff seeks reversal of his conviction, release, and expungement of his record, his claims sound in habeas, and are barred pursuant to 28 U.S.C. 2244, because plaintiff has already litigated the constitutionality of his 2009 drug conviction in this court. See Starr v. State of California, Case No. 2:12-cv-0457 KJN P. Plaintiff may also not seek damages in connection with the trial and conviction, because plaintiff's successful prosecution of these claims would necessarily imply the invalidity of his conviction and sentence, and he did not achieve a favorable termination in his prior habeas litigation. See Heck, 512 U.S. at 486-87.