Gomez

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DOMINIQUE HENDRIX, No. 2:21-cv-01062-WBS-EFB (PC) Plaintiff, v. FINDINGS AND RECOMMENDATIONS J. GOMEZ, Defendant. 16 Plaintiff is a state prisoner proceeding without counsel in this action brought under 42 U.S.C. § 1983. Defendant moves to dismiss the complaint as barred by Heck v. Humphrey, 512 U.S. 477 (1994). ECF No. 27. For the reasons that follow, the motion to dismiss must be denied. I. Background This action proceeds on plaintiff’s claim that defendant used excessive force against him on November 12, 2020. ECF No. 1 at 3, 13; ECF No. 11; ECF No. 16. Defendant submits documents to the court indicating that plaintiff was found guilty of a rules violation for battery on a peace officer as a result of the altercation. ECF No. 28 (Def.’s Request for Judicial Notice ISO Mot. to Dismiss).1 26 1 Defendant asks the court to judicially notice the records of the California Department of Corrections and…