Cowan

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MASA NATHANIEL WARDEN, No. 2:19-cv-00431 TLN AC P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 B.COWAN; W. WILLIAMS; and N.

WEAVER,

15 Defendants. 16 17 18 Plaintiff’s motion for reconsideration (ECF No.131) and defendants’ motion for summary 19 judgment (ECF No. 133) are now before the court. Before addressing these motions, the 20 undersigned reviews the procedural posture of the case. 21 I. Background 22 Plaintiff, a state prisoner, field this action pro se and in forma pauperis on February 19, 23 2019. ECF Nos. 1, 3. On September 19, 2020, defendants moved for summary judgment, 24 contending in part that plaintiff’s claims against Corporal Will Williams were barred by Heck v. 25 Humphrey, 512 U.S. 477 (1994). ECF No. 43-1 at 12-13. Under Heck, a prisoner may not 26 proceed on a claim for damages under § 1983 if a judgment favoring plaintiff “would necessarily 27 imply the invalidity of his conviction or sentence.” Heck, 512…