Aguilera

Aguilera v. Ducart

Good Law
United States District Court, Northern District of CaliforniaFebruary 16, 20234:18-cv-03389California7,303 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANGEL AGUILERA, Case No. 18-cv-03389-HSG

Plaintiff, ORDER GRANTING DEFENDANTS’

MOTION TO DISMISS

v. Re: Dkt. No. 75 T. MOLINA, et al., Defendants.

12 Plaintiff, an inmate at Pelican Bay State Prison (“PBSP”) has filed a pro se civil rights action under 42 U.S.C. § 1983 against PBSP officers Molina and Hendrix. Now before the Court is Defendants’ motion to dismiss Plaintiff’s complaint based on the Heck doctrine. Dkt. No. 75. Plaintiff has filed an opposition, Dkt. No. 79, and Defendants have filed a reply, Dkt. No. 80. For the reasons set forth below, the Court GRANTS the motion to dismiss. BACKGROUND I. Procedural History Plaintiff commenced this case on or about June 8, 2018, by filing the complaint docketed at Dkt. No. 1. The Court found that the complaint stated a cognizable Eighth Amendment claim against PBSP prison guards C. Vick, Hendrix, T. Molina, and E. Gonzalez for excessive use of…

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