Salazar

(PC) Bland v. Salazar

Good Law
United States District Court, Eastern District of CaliforniaJune 3, 20221:19-cv-01499California463 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOSHUA D. BLAND, ) Case No.: 1:19-cv-1499 JLT EPG (PC) ) Plaintiff, ) ORDER ADOPTING THE FINDINGS AND ) RECOMMENDATIONS AND DISMISSING THE v. ) ACTION WITHOUT PREJUDICE ) REUBEN A. SALAZAR II, ) (Docs. 69, 74) ) Defendant. ) )

Joshua Bland is a state prisoner and asserts his civil rights arising under the Fourteenth Amendment were violated by Reuben A. Salazar II. (See Docs. 16, 32.) On February 14, 2022, Plaintiff filed a “Notice to Withdraw from Prosecution of Action without Prejudice,” indicating he “no longer wish[ed] to prosecute this action.” (Doc. 69 at 1.) The magistrate judge construed the notice as a motion to voluntarily dismiss the action without prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. (Doc. 74 at 1.) The magistrate judge observed that Plaintiff no longer wanted to prosecute the case “due to emotional distress and mental decay.” (Id. at 2; see also…

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