Rainwater v County of Sacramento et al

Filing 29

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/21/11 ORDERING that 23 Motion is VACATED and the request for sanctions against plaintiff is DENIED. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN ALLEN RAINWATER,
Plaintiff,

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vs.

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No. CIV S-11-0030 GGH P

JOHN McGINNISS, Sheriff, et al.,
Defendants.

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ORDER
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Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this action

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seeking relief pursuant to 42 U.S.C. § 1983. On September 2, 2011, plaintiff filed a motion for

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certain surveillance evidence to be preserved or produced. On September 30, 2011, plaintiff

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indicated that videos had been supplied, and he wishes to withdraw his motion. Defendants also

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sought sanctions against plaintiff in their opposition to the motion, but the court does not believe

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sanctions are warranted.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion (Doc. 23) is

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vacated and the request for sanctions against plaintiff is denied.

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DATED: October 21, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:AB

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rain0030.ord3

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