AURELIUS AUGUSTINUS KENNETH PEYTON, AKA Aurelius Augustinus Kenn Peyton, AKA Ellis v. JEFFREY BURDICK, Detective;

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
NW /Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
AURELIUS AUGUSTINUS KENNETH
PEYTON, AKA Aurelius Augustinus
Kenn Peyton, AKA Ellis,
Plaintiff - Appellant,
v.
JEFFREY BURDICK, Detective; et al.,
Defendants - Appellees.
No. 08-16241
D.C. No. 1:07-cv-00453-LJO-
TAG
MEMORANDUM *
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Aurelius Augustinus Kenneth Peyton, a pre-trial detainee, appeals pro se
FILED
DEC 16 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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NW /Research 08-16241 2
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 (1994), the district court should have stayed the section 1983 action “until
the criminal case . . . is ended,” Wallace v. Kato, 549 U.S. 384, 393-94 (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.
VACATED and REMANDED.

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