Thomas

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

SHAWN MARSHALL TOMPKINS, ) Case No.: 1: 22-cv-1415 JLT EPG (PC) ) Plaintiff, ) ORDER ADOPTING FINDINGS AND ) RECOMMENDATIONS, GRANTING THE v. ) PARTIES’ REQUESTS FOR JUDICIAL NOTICE, ) GRANTING DEFENDANTS’ MOTION TO S. THOMAS, et al., ) DISMISS, AND DIRECTING THE CLERK OF ) COURT TO CLOSE THE CASE Defendants. ) ) (Docs. 27, 28, 38, and 41) )

Shawn Tompkins asserts he suffered violations of his civil rights while confined at the Wasco State Prison Reception Center. Plaintiff contends Defendants used excessive force in violation of the Eighth Amendment in an incident that occurred on March 27, 2020. (Docs. 1, 12.) Defendants move to dismiss the complaint, asserting Plaintiff’s claim is barred under the favorable termination rule of Heck v. Humphrey 512 U.S. 477 (1994), because success on the merits would imply the invalidity of a Rules Violation Report and state court conviction…