Kosnicki v. DEA et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 10 Objections to Report and Recommendation filed by Alex Kosnicki by Judge Marsha J. Pechman. (cc: Plaintiff)(SG)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

8
9
10

ALEX KOSNICKI,

11
12
13
14

CASE NO. C15-193 MJP
Plaintiff,

v.

ORDER ON OBJECTIONS TO
REPORT AND
RECOMMENDATION

TODD JAKOBSON, et al.,
Defendants.

15
16

THIS MATTER comes before the Court on Magistrate Judge Donohue’s Report and

17 Recommendation regarding Plaintiff’s amended § 1983 complaint and related motion for a stay.
18 (Dkt. No. 9.) Plaintiff objects solely to the section of the Report and Recommendation
19 recommending against a stay. (Dkt. No. 10.) As Judge Donohue explained, a cause of action for
20 damages attributable to an allegedly unconstitutional conviction or sentence “does not accrue
21 until the conviction or sentence has been invalidated.” (Dkt. No. 9 at 5 (quoting Heck v.
22 Humphrey, 512 U.S. 477, 490 (1994)).) Plaintiff cannot even state a claim until his § 2255 is
23 resolved in his favor, so a stay while he waits for a ruling in the § 2255 would be inappropriate.
24 The Report and Recommendation is therefore ADOPTED in full, the action is DISMISSED
ORDER ON OBJECTIONS TO REPORT AND
RECOMMENDATION- 1

1 without prejudice so that Plaintiff can satisfy the Heck pleading requirements in the future, and
2 the motion for a stay is DENIED.
3
4

The clerk is ordered to provide copies of this order to all counsel.

5

Dated this 3rd day of June, 2015.

7

A

8

Marsha J. Pechman
Chief United States District Judge

6

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ORDER ON OBJECTIONS TO REPORT AND
RECOMMENDATION- 2