Fletcher
(PC) Ochoa v. Fletcher
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ADRIAN R. OCHOA, No. 2:19-cv-1431 DB P Plaintiff, v. ORDER SHERRI FLETCHER, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 21, 2020, plaintiff filed a notice on how to proceed in this action. (ECF No. 19). In it, plaintiff states that he wishes to proceed solely on his claim of deliberate indifference against defendant Sherri Fletcher, R.N. of High Desert State Prison and that he consents to the dismissal without prejudice of defendants M.E. Spearman, Warden of High Desert State Prison and the California Department of Corrections and Rehabilitation. (See id.). Federal Rule of Civil Procedure 41(a) is “designed to permit a disengagement of the parties at the…