Roy Lee Humphrey v. Superior Court of California, County of Sacramento, Juvenile Court, et al.

— 1 — — 2 — — 3 — — 4 — — 5 — — 6 — — 7 — 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA — 10 — 11 ROY LEE HUMPHREY, No. 2:25-cv-01163 DJC SCR P 12 Plaintiff, 13 v. ORDER VACATING FINDINGS AND RECOMMENDATIONS 14 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 15 JUVENILE COURT, et al., 16 Defendants. — 17 — 18 Plaintiff is incarcerated in state prison and proceeding pro se with a civil rights action 19 under 42 U.S.C. § 1983 . On September 30, 2025, the undersigned screened plaintiff’s complaint 20 and determined it was barred by Heck v. Humphrey, 512 U.S. 477 (1994), and sought damages 21 from defendants who were immune from suit. (ECF No. 8.) The undersigned recommended that 22 the complaint be dismissed without prejudice and without leave to amend. (ECF No. 8.) Plaintiff 23 has filed objections arguing that his due process claims do not imply the invalidity of his 24 conviction and requests leave to amend to avoid Heck. (ECF No. 11.) 25 Having considered plaintiff’s objections, the undersigned will vacate the findings and 26 recommendations and grant plaintiff leave to amend. Plaintiff is advised to review the defects 27 identified in the court’s screening order and allege, if he can, that his conviction has been 28 overturned on appeal or otherwise declared invalid. See Trimble v. City of Santa Rosa, 49 F.3d 1 }} 583, 585 (9th Cir. 1995). In addition, upon sua sponte reconsideration, the undersigned will grant 2 || plaintiffs motion to proceed in forma pauperis. See City of Los Angeles v. Santa Monica 3 || Baykeeper, 254 F.3d 882 , 888 (9th Cir. 2001) (recognizing the district court’s discretion to 4 || reconsider its own prior orders sua sponte). 5 CONCLUSION 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. The findings and recommendations that plaintiff's complaint be dismissed without leave 8 || to amend (ECF No. 8) are VACATED. 9 2. Within 30 days from the date of service of this order, plaintiff may file an amended 10 | complaint that complies with the requirements of 42 U.S.C. § 1983 , the Federal Rules of Civil 11 | Procedure, and the Local Rules of Practice. The amended complaint must bear the docket 12 | number assigned this case, No. 2:25-cev-01163 DJC SCR P, and must be labeled “First 13 | Amended Complaint.” 14 3. Upon sua sponte reconsideration, plaintiff's request for leave to proceed in forma pauperis 15 || (ECF No. 2) is GRANTED. 16 4. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff is 17 || assessed an initial partial filing fee in accordance with the provisions of 28 U.S.C. § 1915 (b)(1). 18 | All fees shall be collected and paid in accordance with this court’s order to the appropriate agency 19 | filed concurrently herewith. 20 5. Failure to file an amended complaint in accordance with this order will result in a 21 || recommendation that this action be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil 22 | Procedure. 23 6. The Clerk of the Court is directed to send plaintiff a copy of the prisoner complaint form 24 || used in this district. 25 || DATED: November 17, 2025 26 Kink 27 SEAN C. RIORDAN 2g UNITED STATES MAGISTRATE JUDGE