Cedric Garnett Johnson v. Travis Pennington

CIVIL MINUTES – GENERAL

Case No. EDCV 24-0678 DDP (PVC) Date: September 17, 2024 Title Cedric Garnett Johnson v. Travis Pennington, et al.

Present: The Honorable Pedro V. Castillo, United States Magistrate Judge

Marlene Ramirez None Deputy Clerk Court Reporter / Recorder

Attorneys Present for Plaintiff: Attorneys Present for Defendant: None None

PROCEEDINGS: [IN CHAMBERS] ORDER TO SHOW CAUSE WHY THIS

ACTION SHOULD NOT BE DISMISSED AS BARRED BY

HECK V. HUMPHREY, 512 U.S. 477 (1994)

Cedric Garnett Johnson (“Plaintiff”), a California prisoner proceeding pro se, filed this civil action against the acting warden of the California Institution for Men in Chino (“CIM”) and ten other prison employees (“Defendants”). Plaintiff alleges that Defendants violated his equal protection and due process rights by (1) fabricating evidence to support charges that Plaintiff conspired to distribute controlled substances into CIM and (2) conducting a procedurally flawed disciplinary hearing. Through 42 U.S.C. § 1983, Plaintiff seeks expungement of his disciplinary sanctions. However, as it is pleaded now,…