McCoy v. Anderson
Filing
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ORDER Denying Without Prejudice Plaintiff's Request to Reopen Case. Signed by Judge Thelton E. Henderson on 08/02/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 8/3/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
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ORDER DENYING WITHOUT PREJUDICE
PLAINTIFF’S REQUEST TO REOPEN
CASE
Plaintiff,
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No. C-10-2137 TEH (PR)
DANNY MCCOY,
v.
MATTHEW ANDERSON,
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Defendant.
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/
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Plaintiff, an inmate presently incarcerated at the Federal
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Correctional Institution in Lompoc, California, seeks to re-open
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this case and amend the Complaint to add a claim of misplacement of
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his legal materials.
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PREJUDICE for the reasons set forth below.
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Plaintiff’s request is DENIED WITHOUT
Doc. #5.
This case was commenced by Plaintiff on May 18, 2010, when
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he filed a pro se Complaint under 42 U.S.C. § 1983 alleging that
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Richmond Police Officer Matthew Anderson unlawfully detained
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Plaintiff and falsified a police report, thereby violating
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Plaintiff’s constitutional rights.
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#1.
Plaintiff sought damages.
Doc.
However, at that time, criminal proceedings against Plaintiff
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were ongoing and Plaintiff had not yet been convicted of any crime.
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See Doc. #4 at 2.
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stayed proceedings in this case and administratively closed this
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case pursuant to Wallace v. Kato, 549 U.S. 384, 393-94 (2007).
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#4.
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States of America v. McCoy, No. 09-CR-00337 CW (N.D. Cal. filed
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April 1, 2009) and Doc. #5.
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allegedly unconstitutional conviction or prison sentence, or for
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other harm caused by actions whose unlawfulness would render a
Accordingly, on August 16, 2010, this Court
It appears that Plaintiff has since been convicted.
Doc.
See United
However, to recover damages for an
United States District Court
For the Northern District of California
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conviction or sentence invalid, a plaintiff in a 42 U.S.C. § 1983
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action must prove that the conviction or sentence has been reversed
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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
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question by a federal court’s issuance of a writ of habeas corpus.
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Heck v. Humphrey, 512 U.S. 477, 486-87 (1994).
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bearing that relationship to a conviction or sentence that has not
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been so invalidated is not cognizable under 42 U.S.C. § 1983.
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at 487.
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indication that his conviction has been declared invalid.
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Plaintiff’s motion to reopen this case is DENIED WITHOUT PREJUDICE.
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If Plaintiff again seeks to reopen this case, Plaintiff should
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provide documentation that his conviction or sentence has been
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invalidated.
A claim for damages
Id.
Currently, Plaintiff has not provided this court with any
Therefore
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To the extent that Plaintiff wishes to amend his complaint
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to add a new claim of misplacement of legal materials, he is advised
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that federal joinder rules prohibit joining multiple claims and
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multiple defendants in a single action.
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See Fed. R. Civ. P. 18(a)
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(“A party asserting a claim, counterclaim, crossclaim, or
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third-party claim may join, as independent or alternative claims, as
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many claims as it has against an opposing party.”), 20(a)(2)
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(multiple parties may be joined as defendants in one action only “if
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any right to relief is asserted against them jointly, severally, or
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in the alternative with respect to or arising out of the same
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transaction, occurrence, or series of transactions or occurrences;
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and any question of law or fact common to all defendants will arise
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in the action.”).
Presumably Plaintiff’s claim for misplacement of
United States District Court
For the Northern District of California
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legal materials is not against the named defendant in this case,
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Matthew Anderson.
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does not arise out the same occurrence as is the focus of the
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complaint in this case.
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misplacement of his legal materials, he must file a new complaint
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doing so that complies with the federal rules.
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directed to send Plaintiff a blank civil rights complaint.
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case remains closed.
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In any case, the misplacement of legal materials
If Plaintiff wishes to seek relief for the
The Clerk is
IT IS SO ORDERED.
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DATED
08/02/2012
THELTON E. HENDERSON
United States District Judge
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G:\PRO-SE\TEH\CR.10\McCoy-10-2137-deny reopen.wpd
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This
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