Sahota

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RODERICK WILLIAM LEAR, No. 2:18-cv-3099 MCE DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

PREETRANJAN SAHOTA, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff alleges defendants violated his Eighth Amendment rights when they used excessive force and when they disregarded his serious medical needs. In addition, plaintiff alleges a violation of the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act (“RA”). Before the court are: (1) the motion of defendants Advincula, Cross, Porter, and Vela to dismiss plaintiff’s Eighth Amendment excessive force claim on the grounds that it is barred by Heck v. Humphrey; and (2) plaintiff’s motion for discovery. For the reasons set forth below, this court will recommend the motion to dismiss be denied and will deny plaintiff’s motion. …