Does the Court have a duty to dismiss or otherwise dismiss a claim brought by a defendant who has been convicted of a criminal offence under the Criminal Code?
MultiRegion, United States of America
The following excerpt is from Dorado v. Crumb, 3:20-cv-1936-JAH-LL (S.D. Cal. 2021):
[1] See Trimble v. City of Santa Rosa, 49 F.3d 583, 586 (9th Cir. 1995) (court should dismiss claims barred by Heck without prejudice so that [the plaintiff] may reassert his claims if he ever succeeds in invalidating his conviction.); Briggs v. Enriquez, No. CV 17-4615-FMO(E), 2017 WL 6210802, at *4 (CD. Cal. Nov. 1, 2017), report and recommendation adopted, No. CV 17-4615-FMO(E), 2017 WL 6209818 (CD. Cal. Dec. 7, 2017).
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