Garcia

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 JIMMY M. GARCIA, Case No. 1:19-cv-01636-LJO-JDP Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT THIS CASE BE DISMISSED UNDER

v. THE FAVORABLE-TERMINATION RULE SUPERIOR COURT OF CALIFORNIA, OBJECTIONS DUE IN FOURTEEN DAYS COUNTY OF ORANGE, et al. ORDER THAT THE CLERK’S OFFICE Defendants. SEND PLAINTIFF AN APPLICATION FOR A WRIT OF HABEAS CORPUS 16 Plaintiff Jimmy M. Garcia is a state prisoner proceeding without counsel in this action under 42 U.S.C. § 1983. 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. On January 8, the court ordered plaintiff to show cause why his action should not be barred by the favorable-termination rule of Heck v. Humphrey, 512 U.S. 477 (1994). Plaintiff’s response to this order reiterates his arguments that he is innocent and that there…