Anthony Avon Dabbs Sr. v. Officer Preston

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

ANTHONY AVON DABBS SR., Case No. 5:22-cv-01292-MEMF-KES

Plaintiff,

ORDER ACCEPTING IN PART REPORT

v.

AND RECOMMENDATION OF U.S.

OFFICER PRESTON, et al., MAGISTRATE JUDGE

Defendants.

Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings and all the

records and files herein, along with the Report and Recommendation (“R&R”) of

the United States Magistrate Judge (Dkt. 12). No objections to the R&R were filed, and the deadline for filing such objections has passed. The Court accepts the findings, conclusions, and recommendations of the United States Magistrate Judge, with the clarification noted below. The R&R found all of Plaintiff’s a 42 U.S.C. § 1983 Heck-barred or, alternatively, time-barred. They cannot be both, because Heck-barred claims do not accrue unless and until the plaintiff’s underlying conviction has been invalidated. Heck v. Humphrey, 512 U.S. 477, 489-90 (1994) (“Under our analysis the…