(PC)Rivas

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DANIEL RIVAS, Case No. 1:21-cv-01007-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS ACTION WITH PREJUDICE

v. 21-DAY DEADLINE J. COOK, Clerk of the Court to Assign a District Judge Defendant. 16 Daniel Rivas raises claims of due process violations pursuant to 42 U.S.C. § 1983. (Doc. 1.) He alleges that as a result of the violations, he was falsely convicted and incarcerated. (Id.) The Court finds that Plaintiff’s claims are barred by the favorable termination rule of Heck v. Humphrey, 512 U.S. 477, 487 (1994), and the statute of limitations for section 1983 actions. Given that Plaintiff’s claims are thus barred, any amendment of the complaint would be futile. See Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir. 2012). Accordingly, the Court recommends that this case be dismissed. I. SCREENING REQUIREMENT The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an…