Hill v. Marmolejo et al
ORDER DISMISSING Case Since Barred By HECK v. HUMPHRY, 512 U.S. 477 (1994) and EDWARDS v. BALISOK, 520 U.S. 641 (1997), signed by Magistrate Judge Sheila K. Oberto on 4/6/17: This action is DISMISSED without prejudice. (CASE CLOSED)(Hellings, J)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:16-cv-00218-SKO (PC)
ORDER DISMISSING CASE SINCE BARRED BY
HECK V. HUMPHRY, 512 U.S. 477 (1994) and
EDWARDS v. BALISOK, 520 U.S. 641 (1997)
MARMOLEJO, et al.,
Plaintiff, Johnathan Hill, is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action pursuant to 42 U.S.C. § 1983. In the Complaint, Plaintiff alleges that he
was wrongly charged and found guilty of a Serious Rules Violation Report (“SRVR”) for battery
on a police officer. (Doc. 1.) Plaintiff contends that he is innocent of this charge and was not
given a proper hearing on the charge, which amounted to a violation of his right to due process.
(Id.) As a result of having been found guilty, Plaintiff lost 150 days of good time credit. (Id., at
Since it appeared that this action is barred by Heck v. Humphrey, 512 U.S. 477 (1994), an
order issued giving Plaintiff twenty-one (21) days to show cause why this action should not be
dismissed without prejudice. It is now more than two months since the order to show cause
issued and Plaintiff has not responded to it in any way.
As stated in the order to show cause, when a prisoner challenges the legality or duration of
his custody, or raises a constitutional challenge which could entitle him to an earlier release, his
sole federal remedy is a writ of habeas corpus. Preiser v. Rodriguez, 411 U.S. 475 (1973); Young
v. Kenny, 907 F.2d 874 (9th Cir. 1990), cert. denied 11 S.Ct. 1090 (1991). Moreover, when
seeking damages for an allegedly unconstitutional conviction or imprisonment, “a § 1983 plaintiff
must prove that the conviction or sentence has been reversed on direct appeal, expunged by
executive order, declared invalid by a state tribunal authorized to make such determination, or
called into question by a federal court's issuance of a writ of habeas corpus, 28 U.S.C. § 2254.”
Heck v. Humphrey, 512 U.S. 477, 487-88 (1994). “A claim for damages bearing that relationship
to a conviction or sentence that has not been so invalidated is not cognizable under § 1983.” Id.
at 488. This “favorable termination” requirement has been extended to actions under § 1983 that,
if successful, would imply the invalidity of prison administrative decisions which result in a
forfeiture of good-time credits. Edwards v. Balisok, 520 U.S. 641, 643-647 (1997).
The Complaint does not contain any allegations to show that Plaintiff's finding of guilt
under the SRVR has been reversed, expunged, declared invalid, or called into question by a writ
of habeas corpus. Accordingly, pursuant to Heck v. Humphrey, 512 U.S. 477 (1994) and
Edwards v. Balisok, 520 U.S. 641, 643-647 (1997), Plaintiff is barred from bringing this action
under 28 U.S.C. § 1983 and this action is HEREBY DISMISSED, without prejudice.
IT IS SO ORDERED.
April 6, 2017
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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