1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 MONROE JONES, Case No. 22-cv-05335-WHO (PR) Plaintiff, 8 ORDER STAYING ACTION v. 9 10 JOHN FINNEGAN, et al., Defendants. 11 12 13 INTRODUCTION 14 Plaintiff Monroe Jones filed this

civil rights action against persons 15 involved in his arrest and prosecution by California state authorities. Because criminal 16 proceedings are ongoing and the results of such proceedings likely will affect the validity 17 of Jones’s claims, I will stay the suit until the criminal case or the likelihood of a criminal 18 case is ended. 19 BACKGROUND 20 According to the complaint, Jones is being held on pending charges, and criminal 21 proceedings are ongoing. (Request to File Extended Brief, Dkt. No. 2 at 3-4.) 22 DISCUSSION 23 A. Standard of Review 24 A federal court must conduct a preliminary screening in any case in which a 25 prisoner seeks redress from a governmental entity or officer or employee of a 26 governmental entity. See 28 U.S.C. § 1915A(a). In its review, the court must identify any 27 cognizable claims and dismiss any claims that are frivolous, malicious, fail to state a claim 1 from such relief. See id. § 1915A(b)(1), (2). Pro se pleadings must be liberally construed. 2 See Balistreri v. Pacifica Police Dep’t,

(9th Cir. 1988). 3 A “complaint must contain sufficient factual matter, accepted as true, to ‘state a 4 claim to relief that is plausible on its face.’” Ashcroft v. Iqbal,

(2009) 5 (quoting Bell Atlantic Corp. v. Twombly,

(2007)). “A claim has facial 6 plausibility when the plaintiff pleads factual content that allows the court to draw the 7 reasonable inference that the defendant is liable for the misconduct alleged.”

(quoting 8 Twombly,

). Furthermore, a court “is not required to accept legal 9 conclusions cast in the form of factual allegations if those conclusions cannot reasonably 10 be drawn from the facts alleged.” Clegg v. Cult Awareness Network,

, 754–55 11 (9th Cir. 1994). 12 To state a claim under

, a plaintiff must allege two essential 13 elements: (1) that a right secured by the Constitution or laws of the United States was 14 violated, and (2) that the alleged violation was committed by a person acting under the 15 color of state law. See West v. Atkins,

(1988). 16 B. Legal Claims 17 Jones brings suit against various persons involved in his arrest and prosecution, 18 including the district attorney, his defense attorney, and the arresting officers, on claims of 19 malicious prosecution, false arrest, etc. His criminal proceedings are ongoing. 20 If a plaintiff files a claim related to rulings that likely will be made in a pending or 21 anticipated criminal trial, it is within the power of the district court, and accords with 22 common practice, to stay the civil action until the criminal case or the likelihood of a 23 criminal case is ended. Wallace v. Kate,

(2007). If the plaintiff is 24 then convicted, and if the stayed civil suit would impugn that conviction, Heck v. 25 Humphrey,

(1994), requires dismissal; otherwise, the case may proceed.

26 at 394. 27 Because the result of the state criminal proceedings will likely affect the validity of 1 || further action is appropriate or until Jones informs the Court, by way of a motion to 2 || reopen, that the criminal charges have been dismissed or have resulted in a conviction, or 3 || that the likelihood of a criminal case has ended. Any motion to reopen must have the 4 || words MOTION TO REOPEN written on the first page. 5 CONCLUSION 6 This federal civil rights suit is STAYED. The Clerk shall ADMINISTRATIVELY 7 || CLOSE the file pending the stay of this action. 8 IT IS SO ORDERED. 9 Dated: January 26, 2023 Vo M.Qe ‘AM H. ORRI 11 United States District Judge qa 12

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