Aguilera
Aguilera v. Ducart
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANGEL AGUILERA, Case No. 18-cv-03389-HSG
Plaintiff, ORDER LIFTING STAY; REOPENING
CASE; SETTING BRIEFING
v. SCHEDULE
T. MOLINA, et al., Defendants.
12 Plaintiff, an inmate housed at Pelican Bay State Prison (“PBSP”), filed this pro se action pursuant to 42 U.S.C. § 1983, alleging that PBSP officers Molina and Hendrix used excessive force on him, in violation of the Eighth Amendment. Dkt. Nos., 38, 43, 54. On March 1, 2021, the Court stayed this case pending resolution of state court criminal proceedings against Plaintiff, specifically People v. Aguilera, Del Norte Cty. Sup. Ct. Case No. DNSU-CRPB-2020-5019-1 (“Aguilera I”). Dkt. No. 67. On March 10, 2022, Plaintiff was sentenced in Aguilera I. Dkt. No. 71. Plaintiff has informed the Court that he wishes to continue with this action, Dkt. No. 72, and Defendants have informed the Court that they intend to seek dismissal of this action pursuant to Heck v.…