Summary
vacating judgment in a § 1983 case where claims implicated rulings likely to be made in pending state court criminal proceedings and remanding for district court to stay action until pending state court proceedings concluded
Summary of this case from Gay v. Superior CourtOpinion
No. 08-16241.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed December 16, 2009.
Aurelius Augustinus Kenn Peyton, Bakersfield, CA, pro se.
Virginia Anne Gennaro, Esquire, Chief Counsel, City Attorney, City of Bakersfield, Bakersfield, CA, Michael E. Lehman, Esquire, Michael George Marderosian, Marderosian, Runyon, Cercone, Lehman Armo, Fresno, CA, for Defendants-Appellees.
Appeal from the United States District Court for the Eastern District of California, Lawrence J. O'Neill, District Judge, Presiding. D.C. No. 1:07-cv-00453-LJO-TAG.
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Aurelius Augustinus Kenneth Peyton, a pre-trial detainee, appeals pro se from the district court's summary judgment in his 42 U.S.C. § 1983 action alleging manipulation of evidence, perjury, and false arrest. We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand.
Because Peyton's claims implicate rulings that are likely to be made in the pending state court criminal proceeding, see Heck v. Humphrey, 512 U.S. 477, 486-90, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), the district court should have stayed the section 1983 action "until the criminal case . . . is ended," Wallace v. Koto, 549 U.S. 384, 393-94, 127 S.Ct. 1091, 166 L.Ed.2d 973 (2007). Therefore we vacate the judgment and remand for the district court to stay the action until the criminal proceedings are concluded.
Appellees' motion to strike the reply brief in its entirety is granted and their motion to strike portions of the reply brief is denied as moot. Appellees' shall bear appellant's costs on appeal.