Green

1 2

3

4

5

6

UNITED STATES DISTRICT COURT

7

SOUTHERN DISTRICT OF CALIFORNIA

8 9 Case No.: 22-cv-01175-DMS-MMP

COREY LAVELLE GREEN,

10 Plaintiff, ORDER (1) ADOPTING 11 v. MAGISTRATE JUDGE’S REPORT 12 AND RECOMMENDATION, (2)

M. LIZARRAGA, et al.,

GRANTING IN PART AND

13 Defendants. DENYING IN PART DEFENDANTS’ 14 MOTION FOR SUMMARY

JUDGMENT

15 16 17 18 Before the Court is United States Magistrate Judge Michelle M. Pettit’s Report and 19 Recommendation (“R&R”) recommending that the Court grant in part and deny in part 20 Defendants’ Motion for Summary Judgment. (ECF No. 88). Defendants have filed 21 objections to the R&R. (ECF No. 92). The Court having reviewed the thorough and well- 22 reasoned R&R, adopts it in its entirety. 23 Defendants contend that the R&R failed to appropriately apply Heck v. Humphrey 24 to the facts at hand. 512 U.S. 477 (1994). However, the Court is persuaded by the analysis 25 in the R&R leading to the conclusion that “the criminal jury did not necessarily make a 26 finding that any of the defendants currently before this…