Ortiz-Diaz
(PC) Sherman v. Ortiz-Diaz
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 6 STANLEY SHERMAN, Case No. 1:23-cv-00289-NODJ-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO
GRANT DEFENDANT’S MOTION TO
v. DISMISS
ORTIZ-DIAZ, (ECF No. 11)
Defendant.
FOURTEEN (14) DAY DEADLINE
12 I. Introduction Plaintiff Stanley Sherman (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against Defendant Ortiz-Diaz for failure to protect in violation of the Eighth Amendment. On June 20, 2023, Defendant filed a motion to dismiss on the ground that Plaintiff’s claim is barred by Heck v. Humphrey, 512 U.S. 477 (1994), together with a Request for Judicial Notice. (ECF Nos. 11, 12.) Following an extension of time, Plaintiff filed an opposition on August 10, 2023. (ECF No. 18.) Defendant filed a reply and further request for judicial notice on August 22, 2023. (ECF Nos. 19, 20.) Plaintiff filed a…