Unknown

(PC) Sherrod v. Unknown

Good Law
United States District Court, Eastern District of CaliforniaMay 24, 20211:19-cv-00839California2,959 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ALBERT DENNIS SHERROD, 1:19-cv-00839-DAD-GSA-PC

Plaintiff, ORDER DISMISSING FIRST AMENDED

COMPLAINT FOR FAILURE TO STATE A

vs. CLAIM, WITH LEAVE TO AMEND (ECF No. 21.) UNKNOWN,

THIRTY-DAY DEADLINE TO FILE

Defendant. SECOND AMENDED COMPLAINT

18 I. BACKGROUND Plaintiff is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on June 10, 2019, in the Sacramento Division of the United States District Court for the Eastern District of California. (ECF No. 1.) On June 14, 2019, the case was transferred to this court. (ECF No. 4.) On December 23, 2019, Plaintiff filed the First Amended Complaint as a matter of course. (ECF No. 21.) On February 10, 2021, the court issued an order requiring Plaintiff to show cause within thirty days why this case should not be dismissed as barred by Heck v.…

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