Does a motion to dismiss an action brought by a defendant have to be dismissed?
MultiRegion, United States of America
The following excerpt is from Lane v. Ali, No. 2: 18-cv-1564 KJM KJN P (E.D. Cal. 2020):
Although not raised by defendant, the undersigned finds that this action should be dismissed pursuant to Heck v. Humphrey, 512 U.S. 477 (1994). See 28 U.S.C. 1915(e)(2) (notwithstanding any filing fee that may have been paid, the court shall dismiss the case at any time if the court determines that the action fails to state a claim upon which relief may be granted.)
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