Case 2:20-cv-09817-DOC-GJS Document 79 Filed 01/05/23 Page 1 of 2 Page ID #:1571 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 SALVADOR SANTOS SALAS, Case No. 2:20-cv-09817-DOC (GJS) 12 Plaintiff

ORDER ACCEPTING FINDINGS

13 v. AND RECOMMENDATIONS OF

UNITED STATES MAGISTRATE

14 CITY OF WHITTIER, et al., JUDGE 15 Defendants. 16 17 Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings and 18 records on file in this case, including the operative Complaint (Dkt. 39), 19 Defendants’ Motion for Summary Judgment (Dkt. 64) (“Motion”), Plaintiff’s 20 Opposition to Motion (Dkt. 73), Defendants’ Reply in support of the Motion (Dkts. 21 74-76), and the Report and Recommendation of the assigned United States 22 Magistrate Judge (Dkt. 78). No objections to the Report and Recommendation have 23 been filed within the time allowed. Having completed its review, the Court accepts 24 the findings and recommendations set forth in the Report and Recommendation. 25 Defendant’s Motion for Summary Judgment is granted on the basis that 26 Plaintiff’s claims are barred under Heck v. Humphrey, 512 U.S. 477 (1994). Thus, 27 Plaintiff may refile his claims if he is successful in invalidating his conviction 28 through appropriate means. Case #:20-cv-09817-DOC-GJS Document 79 Filed 01/05/23 Page 2of2 Page ID #:1572 2 Accordingly, IT IS ORDERED that: 3 (1) The Magistrate Judge’s Report and Recommendation is accepted; 4 (2) Defendants’ Motion (Dkt. 64) is GRANTED; 5 (3) This action is dismissed without prejudice; and 6 (4) Judgment shall enter accordingly. 8 || DATE: January 5, 2023 5 ° Ait 0 Cut) 10 DAVID O. CARTER

UNITED STATES DISTRICT JUDGE

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