Desimone

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ISMAIL MORA, No. 2:23-CV-0155-DJC-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 CHRISTOPHER DESIMONE, et al., 15 Defendants. 16 17 Petitioner, a prisoner proceeding pro se, brings this civil rights action under 42 18 U.S.C. §1983. Pending before the Court is Defendant Overby’s motion for judgment on the 19 pleadings. ECF No. 30. Defendant Overby argues that he should be dismissed as a defendant to 20 this action under the favorable termination rule of Heck v. Humphrey. Plaintiff filed a statement 21 of non-opposition. ECF No. 31. 22 Motions for judgment on the pleadings under Rule 12(c) are similar to motions 23 under Rule 12(b) in that judgment on the pleadings is appropriate if “. . . it is clear that no relief 24 could be granted under any set of facts that could be proven consistent with the allegations.” 25 McGlinchy v. Shell Chemical Co., 845 F.2d 802, 810 (9th Cir. 1988). Rather than testing 26 whether the factual…