Steward v. Thumser et al

Filing 47

ORDER signed by Magistrate Judge Kendall J. Newman on 2/5/2018 GRANTING plaintiff's 46 request to withdraw his motion for injunctive relief. Plaintiff's 44 motion for injunctive relief is WITHDRAWN and the 45 findings and recommendations are VACATED. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DONNY STEWARD,

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No. 2:16-cv-1232 GEB KJN P

Plaintiff,
v.

ORDER

G. THUMSER, et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On January 11, 2018, the undersigned filed findings and recommendations herein which

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were served on all parties and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within fourteen days. On January 29, 2018,

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plaintiff filed a document styled “Objections to Magistrate Judge’s Findings and

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Recommendations.” (ECF No. 46.) However, after providing an explanation and apology,

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plaintiff requests that he be permitted to withdraw his motion for injunctive relief. (ECF No. 46

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at 4.) Good cause appearing, plaintiff’s request is granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request to withdraw his motion for injunctive relief (ECF No. 46) is granted;
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2. Plaintiff’s motion for injunctive relief (ECF No. 44) is withdrawn; and

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3. The findings and recommendations (ECF no. 45) are vacated.

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Dated: February 5, 2018

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/stew1232.wd

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