Parriot

(PC) Smith v. Parriot

Good Law
United States District Court, Eastern District of CaliforniaAugust 11, 20221:19-cv-00286California524 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LAWRENCE CHRISTOPHER SMITH, Case No. 1:19-cv-00286-JLT-GSA-PC

Plaintiff, ORDER DENYING PLAINTIFF’S

REQUEST FOR RECONSIDERATION

vs. OF MAGISTRATE’S ORDER BY

DISTRICT JUDGE

PARRIOT, et al., (Doc. 64.) Defendants.

16 This case is proceeding on Lawrence Christopher Smith’s First Amended Complaint alleging the excessive use of force in violation of the Eighth Amendment against defendants Cantu, W. Gutierrez, and Mattingly (“Defendants”). (Doc. 22.) The assigned magistrate judge issued findings and recommendations that the Court grant Defendants’ motion for summary judgment based on Plaintiff’s failure to exhaust administrative remedies and because the claims in this case are barred by Heck v. Humphrey, 512 U.S. 477, 483–87 (1994). (See Doc. 57.) On June 29, 2022, Plaintiff filed a motion to stay the resolution of Defendants’ pending motion for summary judgment so that he could amend his complaint in a related…

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