Holland

Holland v. City of Ridgecrest

Good Law
United States District Court, Eastern District of CaliforniaMarch 24, 20231:22-cv-01578California397 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DERRICK HOLLAND, Case No. 1:22-cv-01578-JLT-CDB

Plaintiff, ORDER ON STIPULATION TO STAY

ACTION UNTIL CRIMINAL ACTION

v. AGAINST PLAINTIFF IS RESOLVED

CITY OF RIDGECREST., et al. (Doc. 13)

Defendants.

16 On December 8, 2022, Plaintiff filed a complaint against Defendants alleging that Plaintiff was arrested unlawfully based on a fraudulent search of his home on August 17, 2020. (Doc. 1). Plaintiff filed an amended complaint on February 27, 2023. (Doc. 9). On March 20, 2023, Defendants filed a motion to dismiss arguing Plaintiff’s claims are barred by Heck v. Humphrey. (Doc. 11). Pending before the Court is the parties’ stipulation for order, filed March 22, 2023, staying this action until the criminal case against Plaintiff is resolved. (Doc. 13). Plaintiff represents he intends to file a motion to vacate the criminal judgment pursuant to Cal. Penal Code 1473.6 in People of the State of California v.…

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