Harris v. German et al

Filing 61

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DEVONTE HARRIS, 12 Plaintiff, 13 14 vs. HUMBERTO GERMAN, et al., 15 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.) 16 17 18 19 Devonte Harris (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis with 20 this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with the First 21 Amended Complaint filed by Plaintiff on March 14, 2016, against the following defendants: 22 Correctional Officer (C/O) Humberto German, C/O Philip Holguin, and C/O R. Burnitzki 23 (collectively, “Defendants”), for use of excessive force in violation of the Eighth Amendment ; 24 and against defendant C/O Philip Holguin for retaliation in violation of the First Amendment. 25 (ECF No. 8.) 26 On February 6, 2019, Defendants filed a notice of withdrawal of their motion to 27 compel, filed on August 16, 2018. (ECF No. 60.) Good cause appearing, Defendants’ motion 28 to compel shall be withdrawn. 1 1 Accordingly, IT IS HEREBY ORDERED that pursuant to Defendants’ notice filed on 2 February 6, 2019, Defendants’ motion to compel, filed on August 16, 2018, is WITHDRAWN 3 from the court’s calendar. 4 5 6 7 IT IS SO ORDERED. Dated: February 12, 2019 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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