Ortiz

(PC) Rios v. Ortiz

Good Law
United States District Court, Eastern District of CaliforniaMarch 22, 20241:23-cv-01595California626 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSE MIGUEL RIOS, Case No. 1:23-cv-01595-HBK (PC) Plaintiff, ORDER NOTING VOLUNTARY

DISMISSAL UNDER FED. R. CIV. P.

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

AND CLAIMS

ORTIZ, MORENO, MOYA, and

NECOCHEA, ORDER DIRECTING CLERK TO REVISE

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

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

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