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Michael A. Haywood v. Douglas N. Gericke

June 4, 2012

MICHAEL A. HAYWOOD
v.
DOUGLAS N. GERICKE, ET AL.



The opinion of the court was delivered by: The Honorable Jay C. Gandhi, United States Magistrate Judge

CIVIL MINUTES - GENERAL

Present: The Honorable Jay C. Gandhi, United States Magistrate Judge

Beatriz Martinez None Appearing

Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiff: Attorneys Present for Defendants:

None Appearing None Appearing

Proceedings: (IN CHAMBERS) ORDER DISMISSING COMPLAINT WITH LEAVE TO FILE A FIRST AMENDED COMPLAINT

Introduction

On February 15, 2012, plaintiff Michael A. Haywood ("Plaintiff"), proceeding pro , filed a civil rights Complaint pursuant to 42 U.S.C. § 1983. The Complaint alleges four causes of action arising out of Plaintiff's arrest and prosecution for a 2000 burglary and a 2002 escape attempt. As currently pled, the Complaint warrants dismissal, but Plaintiff shall be afforded leave to amend out of an abundance of caution.

Allegations of the Complaint

Plaintiff alleges that on January 3, 2000, the Rialto City Police Department falsely arrested him for first degree burglary. (Complt. at 8.) Plaintiff further alleges that prosecutors, his defense attorney, and a state judge unlawfully conspired together and convinced Plaintiff to plead guilty, despite the fact that he did not commit the burglary. In exchange for his plea, Plaintiff, a minor at the time, received "no time in custody[,]" but was required to enter a "[f]oster [c]are [p]rogram ...." (Id. at 11, 14-15.)

In October 2000, Plaintiff left his foster care "placement without permission" and was again arrested. (Complt. at 16-17.) Following additional court proceedings, Plaintiff was committed to the California Youth Authority ("CYA") on his burglary adjudication.

at 17-18.)

While in CYA custody, Plaintiff allegedly "attempt[ed] to escape." (Complt. at 19.) During the ensuing court proceedings, Plaintiff was certified to be tried as an adult, and ultimately sentenced to 16 months in state prison.*fn1 (Id. at 19-22, 33-34.) Later, Petitioner filed a state habeas petition in the California ...


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