Garcia v. Superior Court of California, County of Orange ( 2020 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JIMMY M. GARCIA, Case No. 1:19-cv-01636-LJO-JDP 11 Plaintiff, FINDINGS AND RECOMMENDATIONS THAT THIS CASE BE DISMISSED UNDER 12 v. THE FAVORABLE-TERMINATION RULE 13 SUPERIOR COURT OF CALIFORNIA, OBJECTIONS DUE IN FOURTEEN DAYS COUNTY OF ORANGE, et al. 14 ORDER THAT THE CLERK’S OFFICE Defendants. SEND PLAINTIFF AN APPLICATION FOR 15 A WRIT OF HABEAS CORPUS 16 17 Plaintiff Jimmy M. Garcia is a state prisoner proceeding without counsel in this action 18 under 42 U.S.C. § 1983. Plaintiff argues that he is innocent of the crime for which he was 19 convicted and claims that there were evidentiary problems at his trial. See ECF No. 1. On 20 January 8, the court ordered plaintiff to show cause why his action should not be barred by the 21 favorable-termination rule of Heck v. Humphrey, 512 U.S. 477 (1994). Plaintiff’s response to this 22 order reiterates his arguments that he is innocent and that there were problems with his trial. See 23 ECF No. 7 at 1-2. Because plaintiff has failed to show that his 42 U.S.C. § 1983 is not barred by 24 Heck, the court will recommend that this action be dismissed. 25 Plaintiff may wish to file a petition for habeas corpus. If so, that petition should comply 26 with the requirements of 28 U.S.C. § 2254, including the requirement of § 2254(b)(1)(A) that the 27 petitioner has first “exhausted the remedies available in the courts of the State” in which he was 28 convicted. In other words, before he is able to receive relief here in federal court, plaintiff must 1 | have finished the appeals process in his state of conviction. 2 | FINDINGS AND RECOMMENDATIONS 3 The court recommends that this action be dismissed under the favorable-termination rule 4 | of Heck v. Humphrey. 5 | ORDER 6 The clerk’s office is ordered to send plaintiff an application form for a writ of habeas 7 | corpus. 8 9 IT IS SO ORDERED. y_5U, —N prssann — Dated: _ January 30, 2020 11 UNIT#D STATES MAGISTRATE JUDGE 12 13 14 | No. 205. 15 16 17 18 19 20 21 22 23 24 25 26 27 28