Roy Lee Humphrey v. Superior Court of California, County of Sacramento, Juvenile Court, et al.

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROY LEE HUMPHREY, No. 2:25-cv-01163 DJC SCR P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 SUPERIOR COURT OF CALIFORNA

COUNTY OF SACRAMENTO

15 JUVENILE COURT, et al., 16 Defendants. 17 18 Plaintiff is incarcerated in state prison and proceeding pro se with this civil rights action 19 under 42 U.S.C. § 1983. Plaintiff’s complaint expressly seeks to void his criminal conviction and 20 sentence. Therefore, it is recommended that plaintiff’s complaint be dismissed without leave to 21 amend pursuant to Heck v. Humphrey, 512 U.S. 477 (1994) (“Heck”). Because the complaint is 22 Heck-barred, the undersigned will exercise discretion to deny plaintiff’s application to proceed in 23 forma pauperis. See Tripati v. First Nat. Bank & Tr., 821 F.2d 1368, 1370 (9th Cir. 1987) (“A 24 district court may deny leave to proceed in forma pauperis at the outset if it appears from the face 25 of the proposed complaint that the action is frivolous or without…