Schubert

(PC) Howell v. Schubert

Good Law
United States District Court, Eastern District of CaliforniaMarch 16, 20212:19-cv-00266California3,277 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KAREEM J. HOWELL, No. 2: 19-cv-0266 KJM KJN P Plaintiff, v. AMENDED FINDINGS AND

RECOMMENDATIONS

ANN MARIE SCHUBERT, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. On December 14, 2020, the undersigned recommended that defendants’ motion to dismiss be granted. (ECF No. 35.) On December 28, 2020, defendants filed objections to the findings and recommendations. (ECF No. 36.) Based on the undersigned’s review of defendants’ objections, the undersigned issues these amended findings and recommendations, again recommending that defendants’ motion to dismiss be granted.1 ////

In the December 14, 2020 findings and recommendations, the undersigned did not decide 26 defendants’ argument that plaintiff’s Sixth Amendment claim is barred by Heck v. Humphrey, 512 U.S. 477 (1994). In these amended findings and recommendations,…

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