Petersen

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 KYLE PETERSEN, No. 1:20-cv-00884-DAD-EPG Plaintiff, ORDER REGARDING SERVICE v. FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT DEFENDANT’S

ANTHONY SIMS, JR., MOTION TO DISMISS BE GRANTED AND

THAT THIS ACTION BE DISMISSED

Defendant.

OBJECTIONS, IF ANY, DUE WITHIN

TWENTY-ONE DAYS (ECF No. 32) 17 Plaintiff Kyle Petersen is a federal inmate proceeding pro se and in forma pauperis in this 18 civil rights action pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 19 (1971). Plaintiff filed his complaint on June 25, 2020, which alleges that Defendant Anthony 20 Sims, Jr., violated his Fourth Amendment rights by unlawfully searching his cell phones. (ECF 21 No. 1). 22 On January 7, 2022, Defendant filed a motion to dismiss, arguing that the Supreme Court’s decision in Heck v. Humphrey, 512 U.S. 477 (1994) bars Plaintiff from pursuing his 24 …