Ortiz-Diaz

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 STANLEY SHERMAN, No. 1:23-cv-00289-KES-BAM (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS TO GRANT

v. DEFENDANT’S MOTION TO DISMISS ORTIZ-DIAZ, (Doc. 27) Defendant. 16 Plaintiff Stanley Sherman is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rule 302. On January 25, 2024, the assigned magistrate judge issued findings and recommendations recommending that defendant’s motion to dismiss be granted and this action be dismissed, with prejudice, pursuant to Heck v. Humphrey, 512 U.S. 477 (1994). Doc. 27. The magistrate judge found that plaintiff had pled he did not instigate the violence on June 16, 2022, which is contrary to a judicially noticed Rules Violation Report indicating that plaintiff pleaded guilty to…