Garcia

Garcia v. Superior Court of California, County of Orange

Good Law
United States District Court, Eastern District of CaliforniaMarch 4, 20201:19-cv-01636California448 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JIMMY M. GARCIA, No. 1:19-cv-01636-NONE-JDP Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO DISMISS CASE

v. UNDER THE FAVORABLE-TERMINATION

RULE

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE, et al., (Doc. No. 8) 15 Defendants. 16 17 Plaintiff Jimmy M. Garcia (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. Plaintiff alleges in his complaint that he is innocent of the crime for which he was convicted and claims that the evidence relied upon to convict him was false or flawed. (See Doc. No. 1.) On January 8, 2020, the assigned magistrate judge ordered plaintiff to show cause why this civil rights action should not be barred by the favorable-termination rule of Heck v. Humphrey, 512 U.S. 477 (1994). Plaintiff’s response to that…

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