Huerta

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LARRY WILLIAM CORTINAS, 1:17-cv-00130-AWI-GSA-PC

Plaintiff, ORDER WITHDRAWING FINDINGS

AND RECOMMENDATIONS ENTERED

vs. ON JULY 24, 2019, DUE TO PARTIES’

POST-FINDINGS-AND-

M. HUERTA, et al., RECOMMENDATIONS ARGUMENTS

Defendants. (ECF No. 62.)

16 Larry William Cortinas (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. This action now proceeds with Plaintiff’s original Complaint, filed on January 30, 2017, against Correctional Officers J. Scalia and M. Huerta (“Defendants”) for use of excessive force in violation of the Eighth Amendment. (ECF No. 1.) On July 24, 2019, Defendants filed a motion for summary judgment on the ground that the undisputed facts show that Plaintiff’s claims are barred under the favorable termination doctrine in Heck v. Humphrey, 512 U.S. 477 (1994). (ECF No. 51.) On November…