Messinger

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JOSHUA DAVIS BLAND, No. 2:20-cv-0051 DAD DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS 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 used excessive force against him in violation of his rights under the Eighth Amendment during an incident that occurred on January 21, 2018. Neither party filed a dispositive motion prior to the deadline. In response to a show cause order, defendants indicated that plaintiff’s excessive force claim was barred by Heck v. Humphrey, 512 U.S. 477, 486-87 (1994) (holding a prisoner may not pursue a § 1983 action to recover damages for “harm caused by actions whose unlawfulness would render [his] conviction or sentence invalid” unless the conviction has been overturned, expunged, declared invalid, or otherwise called into question via issuance of a writ of habeas corpus…