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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALBERT DENNIS SHERROD, No. 1:19-cv-00839-DAD-GSA (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS IN FULL AND

UNKNOWN, DISMISSING CASE WITHOUT PREJUDICE Defendant. (Doc. No. 32) 16 17 Plaintiff Albert Dennis Sherrod is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On October 4, 2021, the assigned magistrate judge issued findings and recommendations, recommending that this action be dismissed due to plaintiff’s failure to state a claim under 42 U.S.C. § 1983, without prejudice to his filing of a petition for writ of habeas corpus. (Doc. No. 32.) In particular, the magistrate judge found that plaintiff’s claim is barred by the favorable termination rule of Heck v. Humphrey, 512 U.S. 477, 487–88…