(PC) Humes v. Harmon et al, No. 2:2018cv00426 - Document 38 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 11/13/2018 RECOMMENDING that 29 Motion for Stay be granted. Referred to Judge John A. Mendez. Objections due within 14 days after being served with these findings and recommendations. (Huang, H)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JON HUMES, 12 No. 2:18-cv-0426 JAM CKD P Plaintiff, 13 v. 14 HARMON, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a California prisoner proceeding pro se with a claim arising under the Fourth 17 18 Amendment. The remaining defendant is Sacramento Police Detective Craig Harmon. Plaintiff 19 alleges Harmon falsely arrested him on February 22, 2017 for failing to register as a sex offender. 20 Defendant Harmon asks that this matter be stayed until criminal proceedings related to the 21 allegedly false arrest are complete. Defendant notes correctly that if plaintiff is convicted, the 22 claim remaining in this case will most likely be barred by Heck v. Humphrey, 512 U.S. 477 23 (1994), where the Supreme Court found that a prisoner cannot proceed on a claim for damages if 24 a favorable outcome on that claim would imply the invalidity of his conviction. Id. at 487. In 25 light of the potential Heck-bar, the court will recommend that the motion for a stay be granted. Accordingly, IT IS HEREBY RECOMMENDED that defendant Harmon’s motion for a 26 27 stay (ECF No. 29) be granted. 28 //// 1 These findings and recommendations are submitted to the United States District Judge 2 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen after 3 being served with these findings and recommendations, plaintiff may file written objections with 4 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 5 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 6 waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 7 1991). 8 Dated: November 13, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 1 hume0426.lta 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2