Guerrero

ORDER AND OPINION

ORDER

This case is hereby resubmitted effective the date of this order.

The opinion filed on January 29, 2004, is withdrawn and replaced by the attached opinion.

With this withdrawal and replacement, the petition for panel rehearing and the petition for rehearing en banc are DENIED.

OPINION

Louie Guerrero pleaded guilty to two separate charges of possession of narcotics. Years later, he brought claims under 42 U.S.C. § 1983 stemming from allegations of wrongful arrest, malicious prosecution, and a general conspiracy of “bad behavior” among Los Angeles officials in connection with his arrests, prosecutions, and incarceration. Heck v. Humphrey bars all but one of his § 1983 claims. The statute of limitations bars half of the one remaining § 1983 claim. Thus, the other half of that one § 1983 claim remains. Additionally, Guerrero brings claims under the Racketeer Influenced and Corrupt Or ganizations Act (“RICO”). The district court granted Defendants’ motions to dismiss under Federal Rule of Civil Procedure 12(b)(6), and Guerrero appeals. We affirm in part and reverse in part the district court’s dismissal as to his § 1983 claims, reverse as to his RICO…