Messinger

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JOSHUA DAVIS BLAND, No. 2:20-cv-0051 KJM DB P Plaintiff, v. ORDER JON A. MESSINGER, et al., Defendants. 15 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims defendants subjected him to verbal harassment and used excessive force against him. The dispositive motion filing deadline expired on October 22, 2021. (ECF No. 28.) Neither party filed a motion for summary judgment. The undersigned issued a show cause order directing the parties to show cause why this action should not be set for trial. (ECF No. 39.) Defendants filed a response requesting additional time to file a motion for judgment on the pleadings because plaintiff’s claim may be barred by Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). (ECF No. 39.) Plaintiff filed an objection to the response indicating he was opposed to

1 In Heck, the Supreme Court held that a plaintiff cannot…