Fields v. Vogel

Filing 32

ORDER signed by Magistrate Judge Barbara A. McAuliffe on 5/8/2012 granting 29 Request to withdraw and withdrawing 22 Motion to revoke Plaintiff's IPF status. (Lundstrom, T)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 KEVIN E. FIELDS, 10 11 12 CASE NO. 1:10-cv–01701-AWI-BAM PC Plaintiff, ORDER GRANTING DEFENDANT’S REQUEST AND WITHDRAWING MOTION TO REVOKE PLAINTIFF’S IN FORMA PAUPERIS STATUS v. RONALD VOGEL, (ECF Nos. 22, 29) 13 Defendant. / 14 15 Plaintiff Kevin Fields is a state prisoner proceeding pro se and in forma pauperis in this civil 16 rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the second amended 17 complaint, filed January 19, 2012, against Defendant Vogel for retaliation in violation of the First 18 Amendment. On March 30, 2012, Defendant Vogel filed a motion to revoke Plaintiff’s in forma 19 pauperis status and dismiss this action. (ECF No. 22.) Plaintiff filed an opposition on May 1, 2012, 20 and Defendant filed a request to withdraw his motion on May 7, 2012. (ECF No. 29.) 21 Defendant states that after considering Plaintiff’s opposition, he requests that his motion to 22 revoke Plaintiff’s in forma pauperis status be withdrawn. Accordingly, Defendant’s request to 23 withdraw the motion to revoke Plaintiff’s in forma pauperis status, filed May 7, 2012, is GRANTED, 24 and Defendant’s motion, filed March 30, 2012, is WITHDRAWN by Defendant’s request. The 25 motion is terminated. 26 27 IT IS SO ORDERED. Dated: 10c20k May 8, 2012 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 28 1

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