(PC) Tevin L. Harris v. Valencia et al, No. 2:2019cv01751 - Document 29 (E.D. Cal. 2020)

Court Description: 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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TEVIN LEE HARRIS, 12 13 14 15 No. 2: 19-cv-1751 JAM KJN P Plaintiff, v. ORDER R. VALENCIA, et al., Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant 18 to 42 U.S.C. § 1983. On March 6, 2020, the undersigned issued an order and findings and 19 recommendations addressing plaintiff’s third amended complaint. (ECF No. 22.) The 20 undersigned found that plaintiff stated a potentially colorable Eighth Amendment claim against 21 defendant Pleshchuck. (Id. at 22.) The undersigned separately ordered service of defendant 22 Pleshchuck. (ECF No. 24.) 23 On March 6, 2020, the undersigned recommended that defendants Valencia, Swartwrut 24 and Gates be dismissed because plaintiff failed to link these defendants to the alleged 25 deprivations. (ECF No. 22 at 4.) 26 On March 23, 2020, plaintiff filed a pleading titled objection to findings and 27 recommendations and motion to dismiss defendants Valencia, Swartwrut and Gates. (ECF No. 28 28.) In this pleading, plaintiff requests voluntary dismissal of defendants Valencia, Swartwrut 1 1 and Gates. Good cause appearing, plaintiff’s motion is granted. Fed. R. Civ. P. 41(a). 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. 4 2. Plaintiff’s motion to dismiss defendants Valencia, Swartwrut and Gates (ECF No. 28) 5 6 7 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 8 9 10 11 Harr1751.ord 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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