Anthony Avon Dabbs Sr. v. Officer Preston
Opinion
trial_court Opinion
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8 UNITED STATES DISTRICT COURT
9 CENTRAL DISTRICT OF CALIFORNIA
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11 ANTHONY AVON DABBS SR., Case No. 5:22-cv-01292-MEMF-KES
12 Plaintiff,
ORDER ACCEPTING IN PART REPORT
13 v.
AND RECOMMENDATION OF U.S.
14 OFFICER PRESTON, et al., MAGISTRATE JUDGE
15 Defendants.
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18 Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings and all the
19 records and files herein, along with the Report and Recommendation (“R&R”) of
20 the United States Magistrate Judge (Dkt. 12). No objections to the R&R were filed, 21 and the deadline for filing such objections has passed. The Court accepts the 22 findings, conclusions, and recommendations of the United States Magistrate Judge, 23 with the clarification noted below. 24 The R&R found all of Plaintiff’s a 42 U.S.C. § 1983 Heck-barred or, 25 alternatively, time-barred. They cannot be both, because Heck-barred claims do not 26 accrue unless and until the plaintiff’s underlying conviction has been invalidated. 27 Heck v. Humphrey, 512 U.S. 477, 489-90 (1994) (“Under our analysis the…