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Kosnicki v. Jakobson

United States District Court, W.D. Washington, Seattle

June 3, 2015

ALEX KOSNICKI, Plaintiff,
v.
TODD JAKOBSON, et al., Defendants.

ORDER ON OBJECTIONS TO REPORT AND RECOMMENDATION

MARSHA J. PECHMAN, Chief District Judge.

THIS MATTER comes before the Court on Magistrate Judge Donohue's Report and Recommendation regarding Plaintiff's amended § 1983 complaint and related motion for a stay. (Dkt. No. 9.) Plaintiff objects solely to the section of the Report and Recommendation recommending against a stay. (Dkt. No. 10.) As Judge Donohue explained, a cause of action for damages attributable to an allegedly unconstitutional conviction or sentence "does not accrue until the conviction or sentence has been invalidated." (Dkt. No. 9 at 5 (quoting Heck v. Humphrey, 512 U.S. 477, 490 (1994)).) Plaintiff cannot even state a claim until his § 2255 is resolved in his favor, so a stay while he waits for a ruling in the § 2255 would be inappropriate. The Report and Recommendation is therefore ADOPTED in full, the action is DISMISSED without prejudice so that Plaintiff can satisfy the Heck pleading requirements in the future, and the motion for a stay is DENIED.

The clerk is ordered to provide copies of this order to all counsel.


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