Messinger

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSHUA DAVIS BLAND, No. 2:20-cv-0051 DAD SCR P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

JON MOSSINGER, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants used excessive force in violation of his rights under the Eighth Amendment. Before the court is the question of the application of Heck v. Humphrey, 512 U.S. 477 (1994), to this case. For the reasons set forth below, this court recognizes plaintiff’s request to dismiss defendant Mossinger, finds Heck does not bar plaintiff’s claims against the remaining defendants, and recommends defendant’s request to dismiss this case be denied and the case proceed to trial. BACKGROUND I. Allegations in the Operative Complaint Plaintiff alleges the following: On January 21, 2018, when plaintiff was incarcerated at High…