(PC) Daniels v. Tolson, et al., No. 1:2013cv00202 - Document 44 (E.D. Cal. 2015)
Court Description: ORDER VACATING 40 FINDINGS AND RECOMMENDATIONS AND DIRECTING CLERK OF COURT TO AMEND DOCKET TO REFLECT WITHDRAWAL OF 39 MOTION TO DISMISS signed by Magistrate Judge Sheila K. Oberto on 11/16/2015. (Lundstrom, T)
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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 NORMAN GERALD DANIELS III, Plaintiff, 11 v. 12 13 R. TOLSON, et al., 14 Defendants. _____________________________________/ Case No. 1:13-cv-00202-AWI-SKO (PC) ORDER (1) VACATING FINDINGS AND RECOMMENDATIONS AND (2) DIRECTING CLERK OF COURT TO AMEND DOCKET TO REFLECT WITHDRAWAL OF MOTION (Docs. 39-41) 15 Plaintiff Norman Gerald Daniels III, a state prisoner, is proceeding pro se and in forma 16 17 pauperis in this civil action brought pursuant to 42 U.S.C. § 12132, the Americans with 18 Disabilities Act (“ADA”). On November 5, 2015, Defendant Sherman filed a Motion to Dismiss 19 and on November 12, 2015, the undersigned issued Findings and Recommendations 20 recommending the motion be denied. Defendant filed a Notice of Withdrawal of the Motion to Dismiss on November 13, 2015. 21 22 Accordingly, the Findings and Recommendations are HEREBY VACATED, and the Clerk of the 23 Court is DIRECTED to amend the docket to reflect withdrawal of the motion. 24 IT IS SO ORDERED. 25 26 Dated: 27 28 November 16, 2015 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE
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