Torres v. Saba et al

Filing 9

ORDER FOR FURTHER INFORMATION (Illston, Susan) (Filed on 5/1/2017) (Additional attachment(s) added on 5/1/2017: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARIO TORRES,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-06607-SI
ORDER FOR FURTHER
INFORMATION

v.
NATALIE SABA, et al.,

Re: Dkt. Nos. 6, 7, 8

Defendants.

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On January 10, 2017, the court issued an order for amendment to complaint that, among

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other things, required Mario Torres to provide information about the status of several criminal

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cases against him. The order explained the rule from Heck v. Humphrey, 512 U.S. 477 (1994),

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noted that Heck might bar some or all of Torres’ claims, and required Torres to provide

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information about the criminal cases against him. See Docket No. 4 at 4-5. Torres thereafter filed

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an amendment and two addendums to his complaint, but failed to provide the required information

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about the status of several criminal cases against him. The court will give Torres one more chance

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to provide the information. Accordingly, no later than May 31, 2017, Torres must comply with

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these directions from the January 10, 2017 order:

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Torres must file an amendment in which he explains the status of the various
criminal charges against him. As the court understands his allegations, charges
were filed against him for at least these different crimes: domestic violence against
his girlfriend, assaulting Rick Hendricks, resisting arrest, and drug offenses. For
each one of those incidents (as well as every other event that led to a criminal
charge that relates to any claim in this action), Torres must provide the following
information: (1) generally describe the incident(s) that led to the charge(s) in that
case; (2) list the charges filed (i.e., list the crimes he was accused of committing);
(3) list the crimes of which he was convicted; and (4) describe any favorable
termination of the charges, such as dismissal, acquittal, or reversal on appeal. For
any charges currently pending against Torres that pertain to any of the claims in
this action, Torres must provide the following information: (1) generally describe
the incident(s) that led to the charge(s) in that case; and (2) list the charges filed

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(i.e., list the crimes he was accused of committing). For any plea agreement that he
has entered that covers more than one case, he should describe the terms of the plea
agreement (e.g., the crimes to which he pled guilty or no contest, the charges that
were dismissed, and the sentence that was imposed), and should explain which
cases were resolved by the plea agreement. Torres is encouraged to attach a copy
of any relevant plea agreement and abstract of judgment.

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Docket No. 4 at 5. Failure to provide the information by the deadline may result in the dismissal

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of part or all of this action.

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IT IS SO ORDERED.
Dated: May 1, 2017
______________________________________
SUSAN ILLSTON
United States District Judge

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United States District Court
Northern District of California

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