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8 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA

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11 SALVADOR DUENAS, Case No. 2:23-06108 FMO (ADS)

12 Plaintiff,

13 v. ORDER ACCEPTING UNITED STATES

MAGISTRATE JUDGE’S REPORT AND

14 LOS ANGELES POLICE DEPT., et al., RECOMMENDATION

15 Defendants.

16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Report and 18 Recommendation of United State Magistrate Judge, (Dkt. No. 23). No objections were 19 filed, and the time to do so has passed. The Court accepts the findings and 20 recommendations of the Magistrate Judge. 21 Although Plaintiff did not object to the Report, he filed a Motion to Stay 22 Proceedings. (Dkt. No. 26.) Plaintiff alleges that he has “recently been convicted in a 23 related state criminal proceeding and sentenced to eight (8) years of incarceration” and 24 1 that he seeks a six-month stay of this case while he pursues a criminal appeal, “which 2 may directly affect the issues raised in this case.” Id. at 2. 3 Plaintiff’s motion for a stay is denied. To the extent that his criminal appeal 4 raises issues “which may directly affect the issues raised in this case,” he may not litigate 5 the issues raised in this case until his conviction has been invalidated. See Heck v.

6 Humphrey, 512 U.S. 477, 487 (1994). A Heck bar may arise even where, as here, 7 Plaintiff’s criminal conviction appears to have occurred after he filed his Civil Rights 8 Complaint. See Mora v. Desimone, 2024 WL 694290, at *2 (E.D. Cal. Feb. 20, 2024) 9 (action was barred by Heck where Plaintiff’s state court criminal conviction occurred 10 after the complaint in the civil action was filed). Because this action is barred by Heck, 11 it must be dismissed without prejudice. See Trimble v. City of Santa Rosa, 49 F.3d 583, 12 585 (9th Cir. 1995) (per curiam) (dismissals under Heck are without prejudice). 13 Finally, even if Plaintiff’s claims were not barred by Heck, they still would be 14 subject to dismissal. As the Report explained in detail, Plaintiff’s claims remain 15 conclusory even after Plaintiff was granted two opportunities to amend his Complaint. 16 Thus, this action is dismissed in its entirety.

17 Accordingly, IT IS HEREBY ORDERED: 18 1. The Report and Recommendation is accepted, (Dkt. No. 23); 19 2. The motion for a stay is denied, (Dkt. No. 26); 3. The case is dismissed in its entirety without prejudice; and 20 4. Judgment is to be entered accordingly. 21

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23 DATED: December 18, 2024 ______________/s/_________________

THE HONORABLE FERNANDO M. OLGUIN

24 United States District Judge