Ortiz

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSE MIGUEL RIOS, Case No. 1:23-cv-01595-HBK (PC) 12 Plaintiff, ORDER NOTING VOLUNTARY

DISMISSAL UNDER FED. R. CIV. P.

13 v. 41(a)(1)(A)(i) OF CERTAIN DEFENDANTS

AND CLAIMS

14 ORTIZ, MORENO, MOYA, and

NECOCHEA, ORDER DIRECTING CLERK TO REVISE

15 DOCKET TO REFLECT ONLY NAMED Defendants. DEFENDANT ORTIZ 16 (Doc. No. 6) 17

18 19 Plaintiff Jose Miguel Rios, a pretrial detainee, is proceeding pro se and in forma pauperis 20 in this action filed under 42 U.S.C. § 1983. On February 9, 2024, this Court issued a screening 21 order on Plaintiff’s Complaint. (Doc. No. 5). As discussed in the screening order, the Complaint 22 states a cognizable Fourteenth Amendment excessive use of force claim against Defendant Ortiz 23 but no other claim. (Id. at 1). Specifically, the Court found Plaintiff’s Fourteenth Amendment 24 failure to protect claim against Ortiz failed to state a claim, and the First Amendment…