(PC) Lewis v. Clark ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL DIXON LEWIS, No. 1:20-cv-00120-DAD-JDP (PC) 12 Plaintiff, 13 v. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AND DISMISSING 14 KEN CLARK, Warden at CASE Corcoran/CSATF, et al., 15 (Doc. No. 18) Defendants. 16 17 18 Plaintiff Paul Dixon Lewis is a state prisoner proceeding pro se and in forma pauperis in 19 this civil rights action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a United 20 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On February 24, 2020, the assigned magistrate judge issued findings and 22 recommendations, recommending that the case be dismissed as barred under the favorable 23 termination rule of Heck v. Humphrey, 512 U.S. 477, 487 (1994). (Doc. No. 18.) The findings 24 and recommendations explained that if plaintiff wished to obtain an award of damages in a 25 §1983 action for his allegedly illegal incarceration, he must first show that the underlying 26 criminal conviction has been invalidated. (Id. at 1.) The magistrate judge also provided plaintiff 27 with the alternative of filing a petition for habeas relief. (Id. at 2.) The findings and 28 recommendations were served on plaintiff and contained notice that any objections thereto were 1 | to be filed within fourteen (14) days from the date of service of the order. On March 9, 2020, 2 | plaintiff filed a response, requesting an evidentiary hearing and reiterating the claims raised in his 3 | complaint but not otherwise disputing the conclusions set forth in the pending findings and 4 | recommendations. (Doc. No. 19.) 5 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this court has conducted a 6 | de novo review of this case. Having carefully reviewed the entire file, including plaintiffs 7 | objections, the court finds the findings and recommendations to be supported by the record and 8 | by proper analysis. 9 Accordingly: 10 1. The findings and recommendations issued on February 24, 2020 (Doc. No. 18), are 11 adopted in full; 12 2. This action is dismissed without prejudice as barred by the decision in Heck; and 13 3. The Clerk of the Court is directed to close this case. 14 | IT IS SO ORDERED. si □ Dated: _ March 19, 2020 J aL Al 5 7 a 16 UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28