Holland

Holland v. City of Ridgecrest

Good Law
United States District Court, Eastern District of CaliforniaJuly 17, 20231:22-cv-01578California493 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 EXTENDING STAY UNTIL

AUGUST 28, 2023

v. (Docs. 15, 17) CITY OF RIDGECREST., et al. 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). On March 24, 2023, the Court granted the parties’ stipulated request for a 120-day stay. (Doc. 15). In the parties’ stipulation, Plaintiff represented that he intended to file a motion to vacate the underlying state criminal conviction “within 30 days of the stipulation” and that a 120-day stay of the instant action was appropriate in part because proceedings on the anticipated motion to vacate 26 …

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