(PC) De La Cruz v. Superior Court of California

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ALFONSO VALERIANO DE LA CRUZ, No. 2:19-cv-2430 KJM DB P Plaintiff, v. ORDER SUPERIOR COURT OF CALIFORNIA CUNTY OF SACRAMENTO, et al., 14 Defendants. 15 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On August 9, 2021, the magistrate judge filed findings and recommendations, which were served on plaintiff and which contained notice to plaintiff that any objections to the findings and recommendations were to be filed within twenty days. (ECF No. 7.) Plaintiff has filed objections to the findings and recommendations. (ECF No. 8.)

1 In his objections, plaintiff argues that Heck v. Humphrey, 512 U.S. 477 (1994) does not apply in the present case as the state appellate court previously granted an appeal, causing him to be 25 resentenced. (ECF No. 8 at 1.) …