Benavidez

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