Aguilera v. Ducart

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA ANGEL AGUILERA, Case No. 18-cv-03389-HSG 8 Plaintiff, ORDER LIFTING STAY; REOPENING CASE; SETTING BRIEFING 9 v. SCHEDULE 10 T. MOLINA, et al., 11 Defendants.

13 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. Humphrey, 512 U.S. 477, 487 (1994), as well as any other grounds appropriate for summary judgment, Dkt. No. 71.

23 In light of the foregoing, the Court orders as follows.

24 1. The Clerk of the Court is directed to LIFT the administrative stay and REOPEN this action.

26 2. Whether this action is barred by Heck v. Humphrey, 512 U.S. 477, 487 (1994), is a threshold issue that should be determined before proceeding to the merits of this action.

1 this action pursuant to Heck v. Humphrey, 512 U.S. 477, 487 (1994). Plaintiff's opposition shall || be filed and served no later than twenty-eight (28) days after the date Defendants’ motion is filed.

3 || Defendants shall file a reply brief no later than fourteen (14) days after Plaintiffs opposition 1s || filed. The motion shall be deemed submitted as of the date the reply brief is due. No hearing will be held on this motion. If the Court finds that this action is not barred by Heck, the Court will set a briefing schedule for dispositive motions addressing the merits of this case.

7 IT IS SO ORDERED.

8 || Dated: 3/20/20222 ° navwoeo S. GILLIAM, JR. □ 10 United States District Judge

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