Torrance v. Scott

UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA JAMES R. TORRANCE, CASE NO. C22-5295 BHS Plaintiff, ORDER ADOPTING REPORT 9 v. AND RECOMMENDATION RICK SCOTT, et al., 11 Defendants.

13 This matter comes before the Court on the Report and Recommendation (“R&R”) of the Honorable Michelle L. Peterson, United States Magistrate Judge. Dkt. 12.

15 Torrance brought a 42 U.S.C. § 1983 action, arguing that he was forced into agreeing to a plea deal because there were cameras and microphones in the lawyer-client visiting rooms at the Grays Harbor County Jail, where he was confined pre-trial, and he therefore did not believe he could get a fair trial. See Dkt. 9. Torrance seeks dismissal of his charges and $1.8 million in damages. Id. 20 Judge Peterson ordered Torrance to show cause why his complaint should not be dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a cognizable claim. Dkt.

22 10. In that order, Judge Peterson explained that “a § 1983 claim that calls into question the lawfulness of a plaintiff’s conviction or confinement does not accrue ‘unless and until the conviction or sentence is reversed, expunged, invalidated, or impugned by the grant of a writ of habeas corpus.’” Id. at 2 (quoting Heck v. Humphrey, 512 U.S. 477 (1994)).

4 Torrance failed to explain in his response why his complaint should not fail under Heck.

5 The R&R therefore recommends dismissing Torrance’s complaint for failure to state a cognizable claim under 28 U.S.C. § 1915(e)(2)(B)(ii). Torrance did not object.

7 The Court having considered the R&R and the remaining record, and no objections having been filed, does hereby order as follows: 9 (1) The R&R is ADOPTED; 10 (2) Plaintiff James R. Torrance’s Complaint is DISMISSED without prejudice 11 pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); 12 (3) The Clerk shall enter JUDGMENT and close this case; and 13 (4) The Clerk is directed to send copies of this Order to Torrance and to Judge 14 Peterson.

15 Dated this 7th day of September, 2022.

A 18 BENJAMIN H. SETTLE United States District Judge