Garcia v. Bowman et al

Filing 30

ORDER Granting Motion to Dismiss 29 , Denying as Moot Motion for Summary Judgment 20 , and Dismissing this action. Signed on 4/2/19 by Judge Michael J. McShane. (Mailed to Pro Se party on 4/2/19.) (kf)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON

GERARDO GARCIA,
Plaintiff,

Case No. 2:18-cv-00979-MK
ORDER

v.
OFFICER E. BOWMAN; OFFICER
B. CLAYTON; OREGON DEPT. OF
CORRECTIONS; STATE OF OREGON,
Defendant.
_________________________________
MCSHANE, District Judge:
Plaintiff, an inmate proceeding pro se, filed this action pursuant to 42 U.S.C. § 1983 and
alleged that defendants used excessive force while he was being escorted to a segregation unit at
Two Rivers Correctional Institution. Defendants filed a motion for summary judgment, and
plaintiff was allowed until January 25, 2019 to respond to the motion. Plaintiff failed to do so,
and on February 13, 2019, he was ordered to show cause by March 15, 2019 why the case should
not be dismissed for the reasons set forth in defendants’ motion.

1

- ORDER

In response, plaintiff moves to voluntarily dismiss this case. Accordingly, plaintiff’s
Motion to Dismiss (ECF No. 29) is GRANTED, defendants’ Motion for Summary Judgment
(ECF No. 20) is DENIED as moot, and this action is DISMISSED.
IT IS SO ORDERED.
DATED this 2nd day of April, 2019.

s/ Michael J. McShane
Michael J. McShane
United States District Judge

2

- ORDER