Benavidez

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 WILLIAM ANGELO LATTEN, JR., No. 2:23-cv-1879-DAD-SCR 11 Plaintiff, 12 v. ORDER 13 J. BENAVIDEZ, et al., FINDINGS AND RECOMMENDATIONS 14 Defendants. 15 16 Plaintiff is an incarcerated person representing himself in this civil rights action filed 17 pursuant to 42 U.S.C. § 1983. This case is proceeding on Eighth Amendment excessive force 18 claims against defendants Salinas-Gonzalez and Ortiz-Garcia and an Eighth Amendment failure 19 to protect claim against defendant Warstler. ECF No. 18 (screening order). Currently pending 20 before the court is defendants’ motion to dismiss the second amended complaint on the basis that 21 the claims are barred by Heck v. Humphrey, 512 U.S. 477 (1994). ECF No. 38. Plaintiff has not 22 filed an opposition and the time to do so has expired. For the reasons explained in further detail 23 below, the undersigned recommends denying the motion to dismiss. 24 I. Factual and Procedural History 25 In the second amended…