Garcia
Garcia v. Superior Court of California, County of Orange
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 JIMMY M. GARCIA, Case No. 1:19-cv-01636-LJO-JDP Plaintiff, ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED AS BARRED
v. BY THE FAVORABLE-TERMINATION
RULE
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE, et al. FOURTEEN-DAY DEADLINE 14 Defendants. ORDER VACATING THE COURT’S SUMMONS AND PREVIOUS SCHEDULING
ORDER
16 ECF Nos. 2, 3 17 Plaintiff Jimmy M. Garcia is a state prisoner proceeding without counsel in this action. Plaintiff argues that he is innocent of the crime for which he was convicted, and claims that there were evidentiary problems at his trial. See ECF No. 1. While plaintiff does not specifically state what relief he seeks, I believe he is seeking a release from prison. See id. at 6 (“I am seeking relief and justice [for] my innocen[ce].”). Thus, while plaintiff has filed a 42 U.S.C. § 1983 complaint form, he may need instead to file a petition for a writ of habeas corpus. …