Cervantes v. Placer County Superior Court et al

Filing 13

ORDER signed by Magistrate Judge John F. Moulds on 1/14/09 ORDERING that plaintiff is advised that no orders will issue in response to future filings in this action.(Dillon, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 / On December 1, 2008, plaintiff filed a document accompanied by documents filed in the Placer County Superior Court. This civil rights action was dismissed without prejudice on February 11, 2008 as barred by the rule announced in Heck v. Humphrey, 512 U.S. 477 (1994) and its progeny. The documents filed by plaintiff on December 1, 2008 do not demonstrate that the claims raised in the underlying complaint are no longer barred by Heck. Even if plaintiff does obtain relief from the sentence enhancements challenged in the underlying complaint, any ///// ///// ///// ///// ///// 1 ORDER vs. PLACER COUNTY SUPERIOR COURT, et al., IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RALPH MICHAEL CERVANTES, Plaintiff, No. 2:07-cv-2550-MCE-JFM (PC)

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claim for damages should be brought, if at all, in a new action. Plaintiff is advised that no orders will issue in response to future filings in this action. DATED: January 14, 2009.

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