Case 5:20-cv-00116-JWH-AGR Document 63 Filed 03/14/22 Page 1 of 3 Page ID #:433

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 TIWON GODFREY MCGHEE, ) NO. EDCV 20-0116-JWH (AGR) ) 12 Plaintiff, ) ) ORDER ACCEPTING FINDINGS AND 13 v. ) RECOMMENDATIONS OF UNITED ) STATES MAGISTRATE JUDGE 14 MARCOS ACOSTA et al., ) ) 15 Defendants. ) ) 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 5:20-cv-00116-JWH-AGR Document 63 Filed 03/14/22 Page 2 of 3 Page ID #:434

1 Pursuant to 28 U.S.C. § 636, the Court has reviewed the Second Amended 2 Complaint, the records on file, the Report and Recommendation of the United States 3 Magistrate Judge (“Report”), Plaintiff’s Objections and Supplemental Objections, and 4 Defendants’ Response to Plaintiff’s Objections. Further, the Court has engaged in a 5 de novo review of those portions of the Report to which Plaintiff has objected. The 6 Court accepts the findings and recommendation of the Report. 7 In his objections, Plaintiff again challenges the validity of his criminal 8 conviction, sentence and proceedings. Plaintiff complains that the Superior Court 9 judge and prosecutor did not “look more” into giving him mental health pretrial 10 diversion under Cal. Penal Code § 1001.36. Plaintiff complains that his jury was 11 comprised of jurors who were either Hispanic or White, but not Black or Asian. 12 Plaintiff repeats that Defendants committed perjury on the stand in his criminal trial. 13 The objections attach various documents from Plaintiff’s criminal proceedings and 14 criminal appeal. (Dkt. No. 57.) Plaintiff’s supplemental objections attach additional 15 pages from his criminal appeal. (Dkt. No. 59.) 16 The Report explains that Plaintiff cannot state a claim for relief based on 17 perjury by witnesses at his criminal trial and cannot use a civil rights claim to 18 challenge the validity of his criminal conviction or sentence under Heck v. Humphrey, 19 512 U.S. 477 (1994). (See Report at 6-7.) Plaintiff remains unable to cure the 20 deficiencies in his complaint despite being given multiple opportunities to do so. 21 It is ORDERED that Defendants’ motion to dismiss Plaintiff’s Second Amended 22 Complaint is GRANTED and the Second Amended Complaint is DISMISSED 23 without leave to amend. 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 2 ase 5:20-cv-00116-JWH-AGR Document 63 Filed 03/14/22 Page 3of3 Page ID #:435

1 It is further ORDERED that judgment be entered DISMISSING this action with 2 || prejudice. 3 IT IS SO ORDERED. . CHA 5 | DATED: March 14, 2022 ° 6 United States District Judge 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28