(PS)McGee
(PS)McGee v. Mansfiled
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PHILOMENA G. MCGEE and No. 2:21–cv–2216–KJM–KJN PS
DONALD M. BIRD,
ORDER Plaintiffs, (ECF No. 13.) v. 14 KIMBERLY MANSFIELD, et al., 15 Defendants. 16 On December 2, 2021, plaintiffs filed the instant action, alleging multiple claims against officers of the California Department of Justice related to an April 2021 search and seizure at plaintiffs’ residence. Defendants moved to stay the case under Wallace v Kato, 549 U.S. 384, 393-94 (2007), noting plaintiff Bird’s criminal proceedings in Sacramento Superior Court were currently ongoing (21-MI-012753), and conviction would require dismissal of this civil case under Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). (ECF No. 7.) Plaintiffs did not respond. The court granted the motion, stayed the case, and ordered that within 30 days of the resolution of the criminal case, the parties were to file a joint statement stating their positions on how to proceed with the case. (ECF…