Moody v. Woods

Filing 12

ORDER OF DISMISSAL WITH LEAVE TO AMEND re 1 Complaint filed by Ronnie Lee Moody. Signed by Judge James Donato on 10/12/17. (lrcS, COURT STAFF) (Filed on 10/12/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RONNIE LEE MOODY, Plaintiff, 8 9 10 ORDER OF DISMISSAL WITH LEAVE TO AMEND v. WOODS, Defendant. 11 United States District Court Northern District of California Case No. 17-cv-02688-JD 12 13 14 Ronnie Lee Moody, a state prisoner, has filed a pro se civil rights complaint under 42 U.S.C. § 1983. He has been granted leave to proceed in forma pauperis. 15 STANDARD OF REVIEW 16 Federal courts must engage in a preliminary screening of cases in which prisoners seek 17 redress from a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 18 § 1915A(a). In its review, the Court must identify any cognizable claims, and dismiss any claims 19 which are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek 20 monetary relief from a defendant who is immune from such relief. Id. at 1915A(b)(1),(2). Pro se 21 pleadings must be liberally construed. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th 22 Cir. 1990). 23 Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of the 24 claim showing that the pleader is entitled to relief.” Although a complaint “does not need detailed 25 factual allegations, . . . a plaintiff’s obligation to provide the ‘grounds’ of his ‘entitle[ment] to 26 relief’ requires more than labels and conclusions, and a formulaic recitation of the elements of a 27 cause of action will not do. . . . Factual allegations must be enough to raise a right to relief above 28 the speculative level.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citations 1 omitted). A complaint must proffer “enough facts to state a claim to relief that is plausible on its 2 face.” Id. at 570. The United States Supreme Court has explained the “plausible on its face” 3 standard of Twombly: “While legal conclusions can provide the framework of a complaint, they 4 must be supported by factual allegations. When there are well-pleaded factual allegations, a court 5 should assume their veracity and then determine whether they plausibly give rise to an entitlement 6 to relief.” Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009). 7 To state a claim under 42 U.S.C. § 1983, a plaintiff must allege that: (1) a right secured by 8 the Constitution or laws of the United States was violated, and (2) the alleged deprivation was 9 committed by a person acting under the color of state law. West v. Atkins, 487 U.S. 42, 48 (1988). LEGAL CLAIMS 11 United States District Court Northern District of California 10 Plaintiff alleges that a police officer used excessive force during his arrest. He seeks 12 money damages. In order to recover damages for an allegedly unconstitutional conviction or 13 imprisonment, or for other harm caused by actions whose unlawfulness would render a conviction 14 or sentence invalid, a 42 U.S.C. § 1983 plaintiff must prove that the conviction or sentence has 15 been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal 16 authorized to make such determination, or called into question by a federal court’s issuance of a 17 writ of habeas corpus. Heck v. Humphrey, 512 U.S. 477, 486-487 (1994). A claim for damages 18 bearing that relationship to a conviction or sentence that has not been so invalidated is not 19 cognizable under § 1983. Id. at 487. 20 Plaintiff was arrested on February 7, 2015, after stealing a car, attempting to rob a tourist 21 and causing a hit and run accident. People v. Moody, No. A145921, 2017 WL 2591278, at *1 22 (Cal. Ct. App. June 15, 2017) He was convicted of these crimes and two counts of resisting a 23 police officer, resisting an executive officer and the attempted taking of a firearm while resisting a 24 police officer. Id. at *2. 25 Plaintiff alleges that one of the officers used his metal baton striking plaintiff during the 26 incident. However, plaintiff was found guilty of resisting the police officer and attempting to take 27 his gun. Proceeding with this civil rights case would call into question the underlying criminal 28 conviction. Plaintiff can only proceed with this action if the conviction has been reversed or 2 1 expunged. The complaint is dismissed with leave to amend to show that his conviction is no 2 longer valid. CONCLUSION 3 4 1. The complaint is DISMISSED with leave to amend. The amended complaint must 5 be filed within twenty-eight (28) days of the date this order is filed and must include the caption 6 and civil case number used in this order and the words AMENDED COMPLAINT on the first 7 page. Because an amended complaint completely replaces the original complaint, plaintiff must 8 include in it all the claims he wishes to present. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th 9 Cir. 1992). He may not incorporate material from the original complaint by reference. Failure to 10 United States District Court Northern District of California 11 amend within the designated time will result in the dismissal of this action. 2. It is the plaintiff’s responsibility to prosecute this case. Plaintiff must keep the 12 Court informed of any change of address by filing a separate paper with the clerk headed “Notice 13 of Change of Address,” and must comply with the Court’s orders in a timely fashion. Failure to 14 do so may result in the dismissal of this action for failure to prosecute pursuant to Federal Rule of 15 Civil Procedure 41(b) 16 17 IT IS SO ORDERED. Dated: October 12, 2017 18 19 JAMES DONATO United States District Judge 20 21 22 23 24 25 26 27 28 3 1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 RONNIE LEE MOODY, Case No. 17-cv-02688-JD Plaintiff, 6 v. CERTIFICATE OF SERVICE 7 8 WOODS, Defendant. 9 10 United States District Court Northern District of California 11 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 12 13 14 15 16 That on October 12, 2017, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 17 18 19 Ronnie Lee Moody ID: Prisoner AX4388 R.J.D. Correctional Facility C-14-103up 480 Alta Road San Diego, CA 92179 20 21 22 Dated: October 12, 2017 23 24 Susan Y. Soong Clerk, United States District Court 25 26 27 28 By:________________________ LISA R. CLARK, Deputy Clerk to the Honorable JAMES DONATO 4

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