Rice v. Schillinger et al

Filing 16

ORDER OF DISMISSAL. Plaintiff's complaint is hereby DISMISSED without prejudice for failure to state a cognizable claim for which relief may be granted.The Clerk shall close the file. Signed by Judge Edward J. Davila on 11/8/2011. (ecg, COURT STAFF) (Filed on 11/14/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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ROYLAND RICE,
Plaintiff,

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vs.

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TERRY F. SCHILLINGER, et al.,
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Defendants.
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No. C 11-02886 EJD (PR)
ORDER OF DISMISSAL

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On June 13, 2011, Plaintiff, who is currently being detained at the Glenn E.

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Dyer Detention Facility in Oakland, filed in pro se a civil rights action pursuant to 42

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U.S.C. § 1983. Plaintiff’s motion for leave to proceed in forma pauperis will be

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granted in a separate order.

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DISCUSSION

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A.

Standard of Review
Federal courts must engage in a preliminary screening of cases in which

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prisoners seek redress from a governmental entity or officer or employee of a

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governmental entity. 28 U.S.C. § 1915A(a). In its review the Court must identify any

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cognizable claims, and dismiss any claims which are frivolous, malicious, fail to state
Order of Dismissal
02886Rice_dism.heck.wpd

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a claim upon which relief may be granted, or seek monetary relief from a defendant

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who is immune from such relief. Id. at 1915A(b)(1),(2). Pro se pleadings must be

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liberally construed. Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir.

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1990).
To state a claim under 42 U.S.C. § 1983, a plaintiff must allege that (1) a

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person was acting under the color of state law, and (2) the person committed a

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violation of a right secured by the Constitution or laws of the United States. West v.

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Atkins, 487 U.S. 42, 48 (1988).

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B.

A claim for damages for an allegedly unconstitutional conviction or

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For the Northern District of California

United States District Court

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Plaintiff’s Claims

imprisonment, or for other harm caused by actions whose unlawfulness would render

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a conviction or sentence invalid is not cognizable under § 1983. Heck v. Humphrey,

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512 U.S. 477, 487 (1994).1 A plaintiff must prove that the conviction or sentence has

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been reversed on direct appeal, expunged by executive order, declared invalid by a

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state tribunal authorized to make such determination, or called into question by a

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federal court’s issuance of a writ of habeas corpus. Id. at 486-87.

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According to the complaint and attachments thereto, Plaintiff was arrested on

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February 18, 2011, for the attempted robbery of an Orchard Supply Hardware Store in

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El Cerrito, California. Plaintiff was positively identified by the cashier whom he

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attempted to rob using a pistol. Plaintiff attached to his complaint a copy of the

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transcript of the preliminary hearing which took place on March 17, 2011; at the

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conclusion of the hearing, the trial judge set the date of arraignment for April 4, 2011.

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In his complaint, Plaintiff claims that the initial arrest was without probable cause, and

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that the arresting officer’s actions violated his Fourth Amendment right against

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unreasonable search and seizure. (Compl. at 9-10.) Plaintiff also alleges that officers

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violated his right to due process in the manner in which they searched and impounded

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Heck applies equally to claims brought under §§ 1983, 1985 and 1986.
McQuillion v. Schwarzenegger, 369 F.3d 1091, 1098, n. 4 (9th Cir. 2004).
Order of Dismissal
02886Rice_dism.heck.wpd

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his van. (Id. at 11.) Plaintiff claims that he has remained incarcerated for four

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months, and that he has “suffered and continues to suffer humiliation, damage to his

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reputation and psychological trauma,” and that he has lost his job, wages, and all his

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personal belongings. (Id. at 13-14.) Plaintiff also names as defendants the

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prosecutors, the trial judge, and his public defender. (Id. at 3-4.)
Plaintiff's allegations that he is unlawfully incarcerated due to Defendants’

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allegedly unconstitutional actions would, if successful, necessarily imply the

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invalidity of his state court conviction, assuming that his state trial proceedings have

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concluded. Furthermore, he has failed to show that the conviction has otherwise been
reversed. As such, Plaintiff’s claims are barred by Heck and must be dismissed.

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For the Northern District of California

United States District Court

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Accordingly, Plaintiff's complaint is DISMISSED without prejudice to

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Plaintiff's filing a new complaint if the challenged conviction and sentence are later

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invalidated. See Trimble v. City of Santa Rosa, 49 F.3d 583, 585 (9th Cir. 1995)

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(claim barred by Heck may be dismissed sua sponte without prejudice under 28

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U.S.C. § 1915).

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CONCLUSION

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Plaintiff's complaint is hereby DISMISSED without prejudice for failure to

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state a cognizable claim for which relief may be granted. 28 U.S.C. § 1915A(b)(1),

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(2).

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The Clerk shall close the file.

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DATED: November 8, 2011
EDWARD J. DAVILA
United States District Judge

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Order of Dismissal
02886Rice_dism.heck.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

ROYLAND RICE,

Case Number: CV11-02886 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
TERRY F. SCHILLINGER, et al.,
Defendants.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
11/14/2011
That on
, 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.

Royland Rice PFN UEQ 820
The Glenn E. Dyer Detention Facility
550 6th Street
Oakland, CA 94807
Dated:

11/14/2011
Richard W. Wieking, Clerk
/s/By: Elizabeth Garcia, Deputy Clerk