Lopez
Lopez v. Thomas
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANDREW LOPEZ, Case No. 21-cv-07136-PJH
Plaintiff,
ORDER
v. 9 Re: Dkt. No. 6 D. C. THOMAS, Defendant.
12 Plaintiff, a state prisoner, proceeds with a pro se civil rights complaint under 42 U.S.C. § 1983. The court ordered service on plaintiff’s excessive force claim. The court dismissed without prejudice plaintiff’s claims related to his disciplinary hearing and punishment as barred by Heck v. Humphrey, 512 U.S. 477, 486-487 (1994), because plaintiff was assessed a loss of time credits. Plaintiff was informed that he could proceed with a claim for money damages if the disciplinary finding was reversed or expunged. Plaintiff has filed this instant motion seeking a ruling on his Equal Protection claims and arguing that Heck does not apply. Plaintiff argues that Heck does not apply because he is serving an indeterminate life sentence and the restoration of time credits will not lead to a speedier release. See Lopez v. Calderon, No. F049556, 2007 WL…