Huckleberry

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARQUISE LOUISE DRUMWRIGHT, Case No. 1:22-cv-1410 JLT SKO (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DENYING

v. DEFENDANT’S MOTION TO DISMISS

WITHOUT PREJUDICE

G. GOMEZ, (Docs. 22, 32) Defendant. 16 Marquise Louis Drumwright asserts Correctional Officer G. Gomez violated his civil rights arising under the First and Eighth Amendments while incarcerated at Kern Valley State Prison. (Doc. 1; Doc. 15.) Gomez moves to dismiss the complaint, asserting the case was filed “three months beyond the four-year limitations period within which Drumwright was required to bring suit.” (Doc. 22 at 3.) In addition, Defendant asserts the “Eighth Amendment excessive- force claim is also barred by the favorable termination rule of Heck v. Humphrey, 512 U.S. 477 (1994), and Edwards v. Balisok, 520 U.S. 641 (1997).” (Id.) Plaintiff opposed the motion, and requested he be permitted to conduct discovery. (Doc. 25.) As an…