(PC) Mariscal v. Superior Court of California County of Riverside

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

OMAR MARISCAL, No. 1:20-cv-00089-NONE-EPG (PC)

Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DISMISSING

v. ACTION AND DIRECTING THE CLERK

OF COURT TO ASSIGN DISTRICT

SUPERIOR COURT OF CALIFORNIA JUDGE AND CLOSE THIS CASE COUNTY OF RIVERSIDE, et al., (Doc. Nos. 13 & 15) Defendants. 16 Omar Mariscal (“plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On July 21, 2020, the assigned magistrate judge entered findings and recommendations, recommending that plaintiff’s claim challenging his conviction and sentence be dismissed as barred by the decision in Heck v. Humphrey, 512 U.S. 477, 486–87 (1994) and that his other claims be dismissed either because those claims are newly asserted in plaintiff’s amended 24 …