Watrous

(PC) Richson-Bey v. Watrous

Good Law
United States District Court, Eastern District of CaliforniaDecember 7, 20211:21-cv-01482California733 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

SEAN RICHSON-BEY, 1:21-cv-01482-GSA (PC)

Plaintiff, ORDER DISCHARGING ORDER TO

SHOW CAUSE

vs. (ECF No. 9.)

WATROUS, et al.,

Defendants.

18 Plaintiff, Sean J. Richson-Bey, is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On November 12, 2021, the court issued an order to show cause requiring Plaintiff to respond within thirty days showing why this case should not be dismissed as barred by the favorable termination rule of Heck v. Humphrey, 512 U.S. 477, 487-88 (1994). (ECF No. 9.) On December 2, 2021, Plaintiff filed a response to the order to show cause. (ECF No. 10. In Heck and its progeny, the Supreme Court held tha, where a judgment in a prisoner’s favor on § 1983 action would necessarily imply the invalidity of the prisoner’s sentence or conviction, the prisoner’s claim is not cognizable until he demonstrates…

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