Goolsby v. Cate et al
Filing
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ORDER GRANTING Defendants' Request for Withdrawal of Motion 61 ; ORDER WITHDRAWING Motion for Court to Declare Plaintiff a Vexatious Litigant, Require Plaintiff to Post Security and Issue a Pre-Filing Order, from Court's Caledar, without prejudice 46 , signed by Magistrate Judge Erica P. Grosjean on 12/10/2015. (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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1:13-cv-00119-AWI-EPG-PC
THOMAS GOOLSBY,
ORDER GRANTING DEFENDANTS’
REQUEST FOR WITHDRAWAL OF
MOTION
(ECF No. 61.)
Plaintiff,
vs.
MATTHEW CATE, et al.,
ORDER WITHDRAWING MOTION FOR
COURT TO DECLARE PLAINTIFF A
VEXATIOUS LITIGANT, REQUIRE
PLAINTIFF TO POST SECURITY, AND
ISSUE A PRE-FILING ORDER, FROM
COURT’S CALENDAR, WITHOUT
PREJUDICE
(ECF No. 46.)
Defendants.
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Thomas Goolsby ("Plaintiff") is a state prisoner proceeding pro se and in forma
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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on
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January 25, 2013. (ECF No. 1.) The case now proceeds with the Second Amended Complaint
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filed on June 6, 2014, on Plaintiff=s Eighth Amendment claims against defendants Warden
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Kimberly Holland, Warden Michael Stainer, and Captain J. Lundy, for denial of adequate
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outdoor exercise time; and defendants Captain J. Lundy, Sergeant S. Foster, Plumlee
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(Maintenance Supervisor), Warden Kimberly Holland, Correctional Officer Jordon, and
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Correctional Officer Uribe, for deliberate indifference to unsanitary and unsafe conditions.1
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(ECF No. 34.)
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On March 24, 2015, the Court issued an order dismissing all other claims and defendants from
this action, for Plaintiff’s failure to state a claim under § 1983. (ECF No. 36.)
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On December 3, 2015, defendants Foster, Plumlee, Holland, Jordon, Stainer, and Uribe
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(“Defendants”) filed a Notice of Withdrawal, seeking to withdraw, without prejudice, their
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Motion for Court to Declare Plaintiff a Vexatious Litigant, Require Plaintiff to Post Security,
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and Issue a Pre-Filing Order, which was filed by Defendants on July 23, 2015. (ECF No. 61.)
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The Court finds no evidence of bad faith by Defendants, or prejudice to Plaintiff, in withdrawal
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of the motion. Therefore, Defendants’ request shall be granted.
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Accordingly, good cause appearing, IT IS HEREBY ORDERED that:
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1.
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Defendants’ request for withdrawal, filed on December 3, 2015, is GRANTED;
and
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Defendants’ Motion for Court to Declare Plaintiff a Vexatious Litigant, Require
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Plaintiff to Post Security, and Issue a Pre-Filing Order, filed by Defendants on
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July 23, 2015, is WITHDRAWN from the Court’s calendar, without prejudice.
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IT IS SO ORDERED.
Dated:
December 10, 2015
/s/
UNITED STATES MAGISTRATE JUDGE
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