(PC)Weisner
(PC)Weisner v. Nobert
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANKIE WEISNER, No. 2:21-cv-01957-KJM-CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS ALLISON NOBERT, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). On April 28, 2022, the court dismissed plaintiff’s complaint for failing to state a claim, but granted him leave amend. ECF No. 9. In this screening order, plaintiff was provided with the appropriate legal standards governing his claims for relief and advised that any claim for monetary damages which implied the invalidity of his conviction would be barred by Heck v. Humphrey, 512 U.S. 477, 487 (1994), unless his conviction had already been invalidated. ECF No. 9 at 3-4. Plaintiff filed a first amended complaint on May 5, 2022. ECF No. 10. ///// 27 1 The…