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Baden v. Hunter

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


August 9, 2010

THOMAS BADEN, PLAINTIFF,
v.
LYNN HUNTER, PIER GALVAN, SAN BERNARDINO COMMUNITY COLLEGE DISTRICT POLICE. DEFENDANTS.

The opinion of the court was delivered by: Honorable Manuel L. Real United States District Court Judge

ORDER DISMISSING AMENDED COMPLAINT WITH PREJUDICE

IT IS HEREBY ORDERED THAT following this Court's order granting the defendants' Motion to Dismiss the Amended Complaint, the above-entitled action is dismissed in its entirety with prejudice. As alleged in the Amended Complaint, the plaintiff was previously convicted of violation of California Penal Code section 647. Pursuant to the holdings of Heck v. Humphrey, 512 U.S. 477 (1994) and Smith v. City of Hemet, 394 F.3d 689 (9th Cir. 2005), the plaintiff's claims in this action are barred as they would effectively imply the invalidity of the plaintiff's state court conviction for violation of California Penal Code section 647.

IT IS SO ORDERED.

20100809

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