Goolsby v. Cate et al

Filing 69

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)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9
10
11
12
13

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.

14
15
16
17
18

Thomas Goolsby ("Plaintiff") is a state prisoner proceeding pro se and in forma

19

pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on

20

January 25, 2013. (ECF No. 1.) The case now proceeds with the Second Amended Complaint

21

filed on June 6, 2014, on Plaintiff=s Eighth Amendment claims against defendants Warden

22

Kimberly Holland, Warden Michael Stainer, and Captain J. Lundy, for denial of adequate

23

outdoor exercise time; and defendants Captain J. Lundy, Sergeant S. Foster, Plumlee

24

(Maintenance Supervisor), Warden Kimberly Holland, Correctional Officer Jordon, and

25

Correctional Officer Uribe, for deliberate indifference to unsanitary and unsafe conditions.1

26

(ECF No. 34.)

27
1

28

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.)
1

1

On December 3, 2015, defendants Foster, Plumlee, Holland, Jordon, Stainer, and Uribe

2

(“Defendants”) filed a Notice of Withdrawal, seeking to withdraw, without prejudice, their

3

Motion for Court to Declare Plaintiff a Vexatious Litigant, Require Plaintiff to Post Security,

4

and Issue a Pre-Filing Order, which was filed by Defendants on July 23, 2015. (ECF No. 61.)

5

The Court finds no evidence of bad faith by Defendants, or prejudice to Plaintiff, in withdrawal

6

of the motion. Therefore, Defendants’ request shall be granted.

7

Accordingly, good cause appearing, IT IS HEREBY ORDERED that:

8

1.

9
10

Defendants’ request for withdrawal, filed on December 3, 2015, is GRANTED;
and

2.

Defendants’ Motion for Court to Declare Plaintiff a Vexatious Litigant, Require

11

Plaintiff to Post Security, and Issue a Pre-Filing Order, filed by Defendants on

12

July 23, 2015, is WITHDRAWN from the Court’s calendar, without prejudice.

13
14
15

IT IS SO ORDERED.
Dated:

December 10, 2015

/s/
UNITED STATES MAGISTRATE JUDGE

16
17
18
19
20
21
22

23
24
25
26
27
28
2