Harper

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

PATRICK ROY HARPER, Case No. 23-cv-05426-VC

Plaintiff,

ORDER DISMISSING COMPLAINT

v.

PETER GEORGES, et al., Defendants.

The complaint is dismissed with prejudice. This ruling assumes the reader is familiar with the facts, the applicable legal standards, and the arguments made by both parties. There are multiple reasons for the dismissal. First, the complaint does not allege sufficient factual matter to state a plausible claim for relief. The allegations necessary to support the causes of action are either absent or merely conclusory. For example, the plaintiff simply asserts that there was a “malicious prosecution,” but the plaintiff does not describe facts that—if true—would enable a conclusion that the plaintiff is entitled to relief for due process violations. Second, the action is barred by Heck v. Humphrey, 512 U.S. 477 (1994). The plaintiff is asserting that the actions of multiple prosecutors and an investigator in his case were unconstitutional in a way that would render his subsequent conviction invalid. But he has not shown or even alleged that his conviction was invalidated. Finally, to…