Asberry v. Cate et al

Filing 61

ORDER signed by Magistrate Judge Kendall J. Newman on 6/6/2012 ORDERING the clerk to designate plaintiff's 56 motion for preliminary injunction as WITHDRAWN. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TONY ASBERRY,

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Plaintiff,

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No. 2:09-cv-01494 MCE KJN P

vs.
MATHEW CATE, et al.,

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Defendants.

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ORDER
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Presently pending is plaintiff’s motion for preliminary injunctive relief, filed on

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May 11, 2012, pursuant to which plaintiff seeks the termination of his “orientation status,” and

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its attendant alleged conditions of confinement. (Dkt. No. 56.) On May 22, 2012, this court

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directed defendants to file a response to plaintiff’s motion. (Dkt. No. 58.) Defendants timely

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filed an opposition to plaintiff’s motion on June 1, 2012. (Dkt. No. 60.) However, on May 31,

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2012, plaintiff filed a “Notice,” under penalty of perjury, in which he informed the court “that

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defendants have released the plaintiff from ‘orientation status’ and therefore there is no longer

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any need for the order or for the defendants to respond.” (Dkt. No. 59 at 1.) Defendants’

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briefing also indicates that plaintiff was released from orientation status. (Dkt. No. 60 at

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2, 3.) The court construes plaintiff’s “Notice” as a withdrawal of his motion.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall designate

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plaintiff’s motion for preliminary injunctive relief (Dkt. No. 56) as withdrawn (Dkt. No. 59).

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DATED: June 6, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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asbe1494.pi.wthdrwn.

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