Doss v. Curran et al

Filing 10

ORDER by Judge Claudia Wilken DENYING WITHOUT PREJUDICE PLAINTIFFS 9 MOTION TO ALTER OR AMEND JUDGMENT. (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 4/11/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Case No. C 14-0778 CW (PR)

JIMMIE L. DOSS, JR.,
Plaintiff,

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ORDER DENYING WITHOUT PREJUDICE
PLAINTIFF’S MOTION TO ALTER OR
AMEND JUDGMENT

v.
LORI CURRAN, et al.,

Docket no. 9

Defendants.

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United States District Court
For the Northern District of California

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Plaintiff, a state prisoner incarcerated at the California
State Prison in Sacramento (CSP), filed a pro se civil rights
action pursuant to 42 U.S.C. § 1983, seeking damages and

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injunctive relief for alleged constitutional violations by law
enforcement officers in Contra Costa County and his defense

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attorney.

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on the ground that it was barred by Heck v. Humphrey, 512 U.S.

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477, 486-87 (1994) because it appeared from his complaint that he

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was seeking damages for constitutional violations that would

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render his conviction or sentence invalid.

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31, 2014, Plaintiff filed a notice of appeal.

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April 1, 2014, the Ninth Circuit assigned case number 14-15625 to

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On March 18, 2014, the Court dismissed Plaintiff’s case

Plaintiff’s appeal.

Doc. no. 6.

Doc. no. 3.

On March

Doc. no. 5.

On

On April 7, 2014, Plaintiff

filed a motion for reconsideration of the Court’s March 18, 2014
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Order.
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Doc. no. 9.

The Court construes this as a motion to alter

or amend the judgment under Federal Rule of Civil Procedure 60(b).
In his Rule 60(b) motion for relief from judgment, Plaintiff

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provides the following clarification.

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two separate criminal cases.

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and attempted murder.

The trial for these charges is scheduled to

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begin on May 5, 2014.

While he was in jail on the murder charges,

Plaintiff is involved in

In 2010, he was charged with murder

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he was convicted of assault.

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California State Prison-Sacramento for the assault conviction.
This civil rights case alleges claims related to the murder

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He is currently incarcerated in

and attempted murder charges.

He argues that, because he has not

been convicted of these charges, Heck v. Humphrey does not bar his
civil rights claims.1

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Because Plaintiff has filed a notice of appeal, this Court
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lacks jurisdiction over his case.

See Williams v. Woodford, 384

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F.3d 567, 586 (9th Cir. 2002) (once a notice of appeal is filed,

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district court loses jurisdiction over case).

In Williams, the

United States District Court
For the Northern District of California

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court explained, “To seek Rule 60(b) relief during the pendency of

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an appeal, ‘the proper procedure is to ask the district court

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whether it wishes to entertain the motion, or to grant it, and

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then move this court, if appropriate, for remand of the case.’”

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Id.

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The Court notifies Plaintiff it would entertain his motion
for relief from judgment.

However, it may not do so until

Plaintiff files a motion in the Ninth Circuit to remand the case
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and the Ninth Circuit grants the motion.
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CONCLUSION
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For the foregoing reasons, Plaintiff’s motion for relief from
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judgment is denied without prejudice to re-filing if this case is
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The Court notes that if Heck v Humphrey does not apply,
abstention may be required under Younger v. Harris, 401 U.S. 37,
43-54 (1971) (federal courts may not enjoin pending state criminal
prosecutions). In an action for damages involving a pending state
criminal proceeding, Younger abstention may apply. See Gilbertson
v. Albright, 381 F.3d 965, 980 (9th Cir. 2004). Where Younger
abstention applies to a request for declaratory or injunctive
relief, the claim must be dismissed; where Younger principles
apply to a claim for damages, the action will be stayed, rather
than dismissed. Id. at 981.

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remanded by the Ninth Circuit Court of Appeals.

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terminates docket number 9.

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copy of this Order to Plaintiff and to the Ninth Circuit Court of

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Appeals.

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This Order

The Clerk of the Court shall send a

IT IS SO ORDERED.

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Dated: 4/11/2014
________________________
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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