Anderson v. Cahlander et al

Filing 40

ORDER CORRECTING 29 Order Dismissing Case as WITHOUT PREJUDICE signed by Chief Judge Lawrence J. O'Neill on 8/23/2016. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DION ANDERSON,

Case No. 1:12-cv-01966 LJO DLB PC

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Plaintiff,
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v.

ORDER CORRECTING ORDER
DISMISSING CASE AS WITHOUT
PREJUDICE

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L. CAHLANDER, et al.,

[ECF No. 29]

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Defendants.
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Plaintiff Dion Anderson (“Plaintiff”) is a state prisoner in the custody of the California
Department of Corrections and Rehabilitation (“CDCR”).
On October 5, 2015, the Court dismissed the complaint with prejudice for failure to state a
claim. Plaintiff appealed to the Ninth Circuit Court of Appeals. On August 5, 2016, the Ninth
Circuit affirmed the District Court’s decision which dismissed the complaint as Heck-barred. See
Heck v. Humphrey, 512 U.S. 477, 487 (1994). However, the Ninth Circuit remanded the case for the
limited purpose of correcting the order dismissing the complaint as without prejudice.

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ORDER
Accordingly, IT IS HEREBY ORDERED that the order of October 5, 2015, dismissing the
case is CORRECTED to reflect that dismissal of the complaint is WITHOUT PREJUDICE.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

August 23, 2016

UNITED STATES CHIEF DISTRICT JUDGE
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