Ortiz
(PC) Rios v. Ortiz
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…