Bennett

Bennett v. Prop. 47 Public Defenders Deaprtment

Good Law
United States District Court, Northern District of CaliforniaOctober 7, 20205:19-cv-08166California826 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

DAVID BENNETT,

Case No. 19-08166 BLF (PR) Plaintiff, ORDER GRANTING MOTION FOR v. RECONSIDERATION IN PART; REFERRING MATTER TO

FEDERAL PRO SE PROGRAM FOR

PROP. 47 PUBLIC DEFENDER, et al., LIMITED APPOINTMENT OF

COUNSEL

Defendants. (Docket No. 15)

17 18 Plaintiff, a California inmate, filed the instant pro se civil rights action pursuant to 19 42 U.S.C. § 1983, seeking money damages for unlawful confinement. Dkt. No. 1. The 20 Court dismissed the complaint with leave to amend, for Plaintiff to provide proof that a 21 conviction has been invalidated and therefore not barred by Heck v. Humphrey, 512 U.S. 22 477 (1994). Dkt. No. 7. When Plaintiff failed to file an amended complaint in the time 23 provided, the Court dismissed the action. Dkt. No. 9. The Court later granted Plaintiff’s 24 motion for reconsideration of the dismissal and reopened…

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