Kelso

(PC) Puckett v. Kelso

Good Law
United States District Court, Eastern District of CaliforniaNovember 20, 20241:23-cv-00054California715 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DURRELL ANTHONY PUCKETT, Case No. 1:23-cv-00054-HBK (PC) Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION

FOR VOLUNTARY DISMISSAL UNDER

v. FED. R. CIV. P. 41(a)(2) OF CERTAIN

DEFENDANTS1

J. BARRIOS, et al., (Doc. No. 96) Defendants.

16 17 On November 4, 2024, Plaintiff Durrell Puckett, a state prisoner proceeding pro se and in forma pauperis in this civil rights action, filed a pleading titled “Dismissing Lt. J. Barrios and C/O Gaxiola” which the Court construes as a Motion for Voluntary Dismissal of Defendants Barrios and Gaxiola pursuant to Federal Rule of Civil Procedure 41(a)(2). (Doc. No. 96, “Motion”). On November 18, 2024, Defendants filed a Response indicating they have no opposition to the Motion. (Doc. No. 102). The undersigned recommends the District Court grant the Motion. Plaintiff currently proceeds on his operative Third Amended Complaint asserting Eighth Amendment conditions of confinement claims…

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