(PC)Rivas

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL RIVAS, No. 1:21-cv-01007-DAD-JLT (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DISMISSING

J. COOK, ACTION WITHOUT PREJUDICE Defendant. (Doc. No. 6)

17 Plaintiff Daniel Rivas is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On June 28, 2021, the assigned magistrate judge issued findings and recommendations, recommending that this action be dismissed because it is barred by the favorable termination rule of Heck v. Humphrey, 512 U.S. 477 (1994), and the statute of limitations applicable to § 1983 actions. (Doc. No. 6.) Based on the conclusion that plaintiff’s claims were barred, the magistrate judge found that any amendment to the complaint would be futile. (Id.…