(PC) Tevin L. Harris v. Valencia et al

Filing 29

ORDER signed by Magistrate Judge Kendall J. Newman on 3/27/2020 VACATING the 22 findings and recommendations filed 3/6/2020; GRANTING plaintiff's 28 motion to dismiss. Defendants Valencia, Swartwrut and Gates are DISMISSED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TEVIN LEE HARRIS,

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No. 2: 19-cv-1751 JAM KJN P

Plaintiff,
v.

ORDER

R. VALENCIA, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On March 6, 2020, the undersigned issued an order and findings and

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recommendations addressing plaintiff’s third amended complaint. (ECF No. 22.) The

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undersigned found that plaintiff stated a potentially colorable Eighth Amendment claim against

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defendant Pleshchuck. (Id. at 22.) The undersigned separately ordered service of defendant

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Pleshchuck. (ECF No. 24.)

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On March 6, 2020, the undersigned recommended that defendants Valencia, Swartwrut

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and Gates be dismissed because plaintiff failed to link these defendants to the alleged

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deprivations. (ECF No. 22 at 4.)

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On March 23, 2020, plaintiff filed a pleading titled objection to findings and

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recommendations and motion to dismiss defendants Valencia, Swartwrut and Gates. (ECF No.

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28.) In this pleading, plaintiff requests voluntary dismissal of defendants Valencia, Swartwrut
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and Gates. Good cause appearing, plaintiff’s motion is granted. Fed. R. Civ. P. 41(a).

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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2. Plaintiff’s motion to dismiss defendants Valencia, Swartwrut and Gates (ECF No. 28)

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The March 6, 2020 findings and recommendations (ECF No. 22) are vacated;

is granted;
3. Defendants Valencia, Swartwrut and Gates are dismissed.
Dated: March 27, 2020

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