Lund v. Datzman ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 12 ERIC LUND, et al., No. 2:19-cv-02287-JAM-DMC 13 Plaintiffs, 14 v. ORDER OF PARTIAL VOLUNTARY DISMISSAL WITHOUT PREJUDICE (Per 15 JEFFREY DATZMAN, et al., Fed. R. Civ. P. 41(a)(2)) 16 Defendants. 17 18 Having received a request from Plaintiff ERIC LUND pursuant to Federal Rule of Civil 19 Procedure 41(a)(2) for a court order in the above-entitled matter that judicially bars under Heck v. 20 Humphrey, 512 U.S. 477 (1994) and voluntarily dismisses WITHOUT prejudice those claims 21 identified as Causes of Action 39, 40, 42, 49, 50, 53, 54, 55, 71, and 72 in the Second Amended 22 Complaint (ECF 43), and finding good cause therein; 23 It is HEREBY ORDERED that: 24 1. Plaintiff ERIC LUND’s claims identified as Causes of Action 39, 40, 42, 49, 50, 25 53, 54, 55, 71, and 72 in the Second Amended Complaint (ECF 43) are judicially barred by Heck 26 v. Humphrey, 512 U.S. 477 (1994) until his extant conviction is vacated. As such, those claims 27 28 1 are hereby dismissed WITHOUT prejudice to being reasserted in the future should his conviction 2 be vacated. 3 2. Plaintiffs ERIC LUND and SUSANNAH LUND are hereby directed to file their 4 Third Amended Complaint within seven (7) days of this Order. 5 6 DATED: October 28, 2022 /s/ John A. Mendez 7 THE HONORABLE JOHN A. MENDEZ 8 SENIOR UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28