1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHAUN DUPREE DEAN, JR., No. 2:25-cv-0160 CKD P 12 Plaintiff, 13 v. ORDER AND 14 SACRAMENTO COUNTY, et al., FINDINGS AND RECOMENDATIONS 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to

1983. This proceeding was referred to this court by Local Rule 302 pursuant to

636(b)(1). 20 The court is required to screen complaints brought by prisoners seeking relief against a 21 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The 22 court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally 23 “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek 24 monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2). 25 Plaintiff’s amended complaint is before the court for screening. 26 Plaintiff seeks damages against Sacramento County, Sacramento County judges, and 27 Sacramento County assistant district attorneys for alleged violations of state and federal law 28 ///// 1 | committed during plaintiff's prosecution. It appears plaintiff's convictions and sentences are on 2 || appeal. 3 There are several problems with plaintiff's claims. Most notably, plaintiff cannot proceed 4 | on any claim for damages implying the invalidity of his convictions or sentences, Heck v. 5 || Humphrey,

(1994), as plaintiff's claims do. Therefore, plaintiff's amended 6 || complaint must be dismissed for failure to state a claim upon which relief can be granted. Since it 7 || does not appear plaintiff can state any actionable claim premised upon the allegations in 8 | plaintiff's amended complaint, granting plaintiff leave to amend a second time is futile. 9 In accordance with the above, IT IS HEREBY ORDERED that the Clerk of the Court 10 || assign a district court judge to this case. 1] IT IS HEREBY RECOMMENDED that: 12 1. Plaintiff's amended complaint be dismissed for failure to state a claim upon which 13 || relief can be granted; and 14 2. This case be closed. 15 These findings and recommendations are submitted to the United States District Judge 16 || assigned to the case, pursuant to the provisions of

(b)(1). Within fourteen days 17 || after being served with these findings and recommendations, plaintiff may file written objections 18 || with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 19 | and Recommendations.” Plaintiff is advised that failure to file objections within the specified 20 || time waives the right to appeal the District Court’s order. Martinez v. YIst,

(9th 21 | Cir. 1991). 22 || Dated: September 9, 2025 / a8 } if | / p , Si

24 UNITED STATES MAGISTRATE JUDGE 25 26 27 | 1 3g dean 160. frs