Shaffer

(PC) Fairchild-Littlefield v. Shaffer

Good Law
United States District Court, Eastern District of CaliforniaOctober 16, 20191:19-cv-00499California718 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GIGI FAIRCHILD-LITTLEFIELD, Case No. 1:19-cv-00499-LJO-JDP Plaintiff, ORDER TO SHOW CAUSE WHY THIS

CASE SHOULD NOT BE DISMISSED AS

v. BARRED BY THE FAVORABLE

TERMINATION RULE

KYLE NIKI COX SHAFFER, et al., ECF No. 1 Defendants.

FOURTEEN-DAY DEADLINE

16 Plaintiff is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. In plaintiff’s complaint, filed April 17, 2019, she seeks to have her habeas lawsuit re-opened and claims that she should not be imprisoned. See ECF No. 1 at 3-5. It appears that plaintiff’s claims may not be heard by this court because “judgment in favor of the plaintiff would necessarily imply the invalidity of [her] conviction or sentence.” Heck v. Humphrey 512 U.S. 477, 486-87 (1994). Therefore, the plaintiff is ordered to show cause why this case should not be dismissed as barred by the favorable termination rule. I. Discussion In Heck…

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