Culum

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DWAYNE MONTGOMERY, No. 2:22-cv-1156 DC CSK P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

M. CULUM, et al., Defendants. 16 I. INTRODUCTION Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is defendants’ motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) on the grounds that this action is barred under the favorable termination doctrine in Heck v. Humphrey, 512 U.S. 477 (1994). (ECF No. 43). Defendants’ motion to dismiss is fully briefed. (ECF Nos. 43, 50, 51.) Also pending is plaintiff’s motion for an extension of time to file an opposition to the motion to dismiss. (ECF No. 49.) For the following reasons, plaintiff’s motion for an extension of time is granted. For the following reasons, this Court recommends that defendants’ motion to dismiss be granted as to plaintiff’s claim alleging…