McCoy v. Yolo County, et al.

Filing 7

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/8/2013 ORDERING that the 5 findings and recommendations are VACATED; and this action is DISMISSED for failure to state a claim upon which relief can be granted. CASE CLOSED. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SOLOMON McCOY,

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Plaintiff,

No. 2:13-cv-0374 LKK CKD P

vs.
YOLO COUNTY, et al.,
Defendants.

ORDER
/

Plaintiff, a Yolo County Jail inmate proceeding pro se, has filed this civil rights

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action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On March 5, 2013, the undersigned filed findings and recommendations which

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were served on plaintiff and which contained notice to plaintiff that any objections to the findings

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and recommendations were to be filed within fourteen days. Plaintiff has not filed objections to

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the findings and recommendations. Moreover, while plaintiff’s consent form apparently was

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filed after the March 5 findings were prepared, plaintiff has consented to the jurisdiction of the

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undersigned magistrate judge. (Dkt. No. 4.) Accordingly, the undersigned will vacate its

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findings and recommendations and order this case dismissed for the reason set forth in its March

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5 findings – specifically, that plaintiff’s claims are barred by Heck v. Humphrey, 512 U.S. 477
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(1994).

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed March 5, 2013, are vacated; and

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2. This action is dismissed for failure to state a claim upon which relief can be

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granted.
Dated: April 8, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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mcco0374.ord

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