Crump v. Jones et al

Filing 16

ORDER Denying 15 Plaintiff's Motion to Lift Stay. Signed by Judge Edward M. Chen on 7/1/2014. (Attachments: # 1 Certificate/Proof of Service). (emcsec, COURT STAFF) (Filed on 7/1/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEVE CRUMP,

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No. C-11-4533 EMC (pr)

Plaintiff,
v.

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Sgt. Officer TREVELYON JONES, et al.,

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ORDER DENYING MOTION TO LIFT
STAY

Defendants.
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Plaintiff has sent a letter to the Court requesting that the stay of this action be lifted so that he

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may file another amended complaint. This action for damages for false arrest and malicious

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prosecution has been stayed since October 6, 2011 under the Heck rule. The Court ruled in 2011

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that the claims could not go forward because they would implicate the validity of pending criminal

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proceedings. See Docket # 11 at 3 (citing Heck v. Humphrey, 512 U.S. 477 (1994), and Wallace v.

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Kato, 127 S. Ct. 1091 (2007). Although Plaintiff apparently wants to resume litigating this action,

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he has not shown that the criminal charges against him have been dismissed or otherwise

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invalidated. He has not shown a reason to lift the Heck stay. Accordingly, the motion to lift the stay

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is DENIED. (Docket # 15.)

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IT IS SO ORDERED.

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Dated: July 1, 2014
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EDWARD M. CHEN
United States District Judge