Harris v. German et al
Filing
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ORDER re Defendants' 60 Notice of Withdrawal of Motion to Compel; ORDER WITHDRAWING Defendants' 38 MOTION to COMPEL, signed by Magistrate Judge Gary S. Austin on 02/12/2019. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DEVONTE HARRIS,
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Plaintiff,
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vs.
HUMBERTO GERMAN, et al.,
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Defendants.
1:15-cv-01462-DAD-GSA-PC
ORDER RE DEFENDANTS’ NOTICE OF
WITHDRAWAL OF MOTION TO COMPEL
(ECF No. 60.)
ORDER WITHDRAWING DEFENDANTS’
MOTION TO COMPEL
(ECF No. 38.)
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Devonte Harris (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis with
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this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with the First
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Amended Complaint filed by Plaintiff on March 14, 2016, against the following defendants:
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Correctional Officer (C/O) Humberto German, C/O Philip Holguin, and C/O R. Burnitzki
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(collectively, “Defendants”), for use of excessive force in violation of the Eighth Amendment ;
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and against defendant C/O Philip Holguin for retaliation in violation of the First Amendment.
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(ECF No. 8.)
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On February 6, 2019, Defendants filed a notice of withdrawal of their motion to
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compel, filed on August 16, 2018. (ECF No. 60.) Good cause appearing, Defendants’ motion
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to compel shall be withdrawn.
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Accordingly, IT IS HEREBY ORDERED that pursuant to Defendants’ notice filed on
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February 6, 2019, Defendants’ motion to compel, filed on August 16, 2018, is WITHDRAWN
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from the court’s calendar.
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IT IS SO ORDERED.
Dated:
February 12, 2019
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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