(PC) Jimenez v. Superior Court of California, County of Kings, et al.
Filing
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FINDINGS and RECOMMENDATIONS to Dismiss Action re 13 Amended Prisoner Civil Rights Complaint, signed by Magistrate Judge Sheila K. Oberto on 10/15/2020. Referred to Judge Drozd; Objections to F&R due within 21 days. (Rivera, O)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Plaintiff,
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Case No. 1:19-cv-01780-DAD-SKO (PC)
RUDY JIMENEZ,
v.
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF KINGS, et al.,
FINDINGS AND RECOMMENDATIONS
TO DISMISS ACTION
(Doc. 13)
21-DAY DEADLINE
Defendants.
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Plaintiff Rudy Jimenez alleges that he is unlawfully incarcerated. (See Doc. 13.) As
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discussed below, Plaintiff’s claims are barred by the favorable termination rule of Heck v.
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Humphrey, 512 U.S. 477, 487 (1994). When, as here, a plaintiff seeks damages on the grounds
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that he is unlawfully confined, he may not pursue claims under section 1983 until his “sentence
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has been declared invalid … or called into question by a … court’s issuance of a writ of habeas
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corpus.” Heck, 512 U.S. at 487.
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Given that Plaintiff’s claims are Heck barred, and that Plaintiff received a prior
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opportunity to amend (see Doc. 8), the Court finds that further amendment would be futile. See
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Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir. 2012). Accordingly, the Court recommends that
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this case be dismissed.
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I.
SCREENING REQUIREMENT
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The Court is required to screen complaints brought by prisoners seeking relief against a
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governmental entity or an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a).
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The Court must dismiss a complaint or portion thereof if the complaint is frivolous or malicious,
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fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant
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who is immune from such relief. 28 U.S.C. § 1915A(b). The Court should dismiss a complaint if
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it lacks a cognizable legal theory or fails to allege sufficient facts to support a cognizable legal
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theory. See Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1990).
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II.
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PLAINTIFF’S ALLEGATIONS
Plaintiff’s alleges that he is being unlawfully confined past his release date. (See Doc. 1 at
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3-5.) Plaintiff has been incarcerated for 24 years. (Id. at 3.) He alleges that he was convicted of
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and sentenced for vandalism with a “gang enhancement.” (Id.) Plaintiff alleges that, once he
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arrived at Wasco State Prison, prison officials had “different paperwork on [him] with different
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charges,” including sex offenses with a sentence of 30 years to life. (Id.) In September 2019,
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Plaintiff filed a “petition for vacating of murder conviction and resentencing” in Kings County
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Superior Court, pursuant to California Penal Code section 1170.95. (See id. at 7.) In its order
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denying the petition, the Superior Court stated that Plaintiff was convicted of two counts of
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vandalism and one count of a gang enhancement in Case No. 96CM7648-002; thus, Penal Code
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1170.95 did not apply to this case. (Id.) Plaintiff states that “the truth was finally revealed to
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[him] by the judge … the truth of [his] charges.” (Id. at 5.) Plaintiff alleges that CDCR is
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responsible for “changing [his] charges into worse ones.” (Id.)
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In his first amended complaint, Plaintiff alleges that, during his arrest and interrogation,
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police officers denied him due process by failing to present a warrant and read him his Miranda
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rights. (Doc. 13 at 2, 3.) He alleges that the deputy district attorney assigned to his case
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committed prosecutorial misconduct by not presenting exculpatory evidence or calling an expert
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on DNA evidence to testify, and instead relying on hearsay. (Id.) Plaintiff requests that the Court
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“dismiss and strike the allegation section 1385 for insufficient evidence.” (Id. at 3.)
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In addition to suing a probation officer, a deputy clerk, the Kings County District
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Attorney’s Office, and a Kings County Superior Court judge, Plaintiff sues a correctional
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counselor and analyst, presumably at California Correctional Institution, where Plaintiff is
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currently incarcerated. (Doc. 13 at 1, 2.) The claims against the prison officials are unclear;
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Plaintiff states the following: “When you put a request of your Privacy Act information to Ms.
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Baker, she will refer[] to the counselor, then … the counselor will point finger to the BOP
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Sacramento main office or the court.” (Id. at 5.)
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III.
“[W]hen a state prisoner is challenging the very fact or duration of his physical
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DISCUSSION
imprisonment, and the relief he seeks is a determination that he is entitled to immediate release or
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a speedier release from that imprisonment, his sole federal remedy is a writ of habeas corpus.”
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Preiser v. Rodriguez, 411 U.S. 475, 500 (1973). Thus, a prisoner may not challenge the fact or
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duration of his confinement in a section 1983 action. Id. at 489. Additionally, “in order to recover
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damages for allegedly unconstitutional conviction or imprisonment, … a [section] 1983 plaintiff
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must prove that the conviction or sentence has been reversed on direct appeal, expunged by
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executive order, declared invalid by a state tribunal authorized to make such determination, or
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called into question by a federal court’s issuance of a writ of habeas corpus.” Heck v. Humphrey,
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512 U.S. 477, 486-87 (1994).
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Plaintiff alleges that he is unlawfully incarcerated, and he requests declaratory and
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injunctive relief and $75 million in damages. (See Doc. 13 at 6-7.) It is unclear whether Plaintiff
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bases the alleged illegality of his incarceration on (a) improprieties by the district attorney and
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state court or (b) improprieties by prison officials. (See id. at 2-5; see also Doc. 1 at 3-5.) In either
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case, Plaintiff’s claims are barred. Plaintiff may not seek release from custody in a section 1983
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action; he may only seek release in federal court by filing a petition for habeas corpus.1 Preiser,
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411 U.S. at 500. Additionally, Plaintiff may not seek damages under section 1983 unless his
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conviction or sentence has been declared invalid by a state court or a federal court’s issuance of a
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writ of habeas corpus. See Heck, 512 U.S. at 486-87.
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The Court informs Plaintiff that he may not file a petition for habeas corpus in federal court unless and until he has
exhausted his remedies in state court. See Heck, 512 U.S. at 480-81; 28 U.S.C. § 2254(b).
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IV.
CONCLUSION AND RECOMMENDATION
For the reasons set forth above, Plaintiff’s first amended complaint (Doc. 13) fails to state
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a claim on which relief can be granted. Given that Plaintiff’s claims are barred by Heck, and that
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Plaintiff received a prior opportunity to amend, the Court finds that further amendment would be
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futile. See Akhtar v. Mesa, 698 F.3d 1202, 1212-13 (9th Cir. 2012). Accordingly, the Court
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RECOMMENDS that this action be DISMISSED.
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These Findings and Recommendations will be submitted to the United States District
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Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 21 days
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of the date of service of these Findings and Recommendations, Plaintiff may file written
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objections with the Court. The document should be captioned, “Objections to Magistrate Judge’s
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Findings and Recommendations.” Plaintiff’s failure to file objections within the specified time
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may result in waiver of his rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir.
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2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.
Dated:
October 15, 2020
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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