(PC) Meador v. Aye et al, No. 1:2014cv00006 - Document 119 (E.D. Cal. 2017)

Court Description: ORDER GRANTING 118 Motion to Withdraw, ORDER WITHDRAWING 116 Motion for Preliminary Injunction; ORDER VACATING 117 FINDINGS AND RECOMMENDATIONS, signed by Magistrate Judge Erica P. Grosjean on 03/7/17. (Martin-Gill, S)
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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 7 8 9 10 1:14-cv-00006-DAD-EPG (PC) GORDON DALE MEADOR, ORDER GRANTING MOTION TO WITHDRAW MOTION FOR A PRELIMINARY INJUNCTION AND VACATING FINDINGS AND RECOMMENDATIONS Plaintiff, v. K. AYE, et al., (ECF NOS. 116, 117, 118) Defendants. 11 12 Gordon Meador (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in 13 this civil rights action filed pursuant to 42 U.S.C. § 1983. On February 24, 2017, Plaintiff filed 14 15 an “Application for Preliminary Injunction to Prevent the Infliction of Pain and Suffering FRCP 65(a) Declaration” (“motion for a preliminary injunction”). (ECF No. 116). On February 27, 16 2017, the Court issued findings and recommendations, recommending that the motion for a 17 preliminary injunction be denied. (ECF No. 117). On March 2, 2017, Plaintiff filed a motion to 18 19 withdraw the motion for a preliminary injunction (“motion to withdraw”). (ECF No. 118). According to Plaintiff’s motion to withdraw, the issues identified in Plaintiff’s motion for a 20 preliminary injunction have been resolved. Therefore, Plaintiff requests that his motion for a 21 preliminary injunction be withdrawn. 22 Because Plaintiff now wishes to withdraw his motion for a preliminary injunction, and 23 because no other parties have responded to the motion for a preliminary injunction, the Court will 24 grant Plaintiff’s motion to withdraw. Additionally, the Court will vacate the findings and 25 recommendations on the motion for a preliminary injunction. 26 Accordingly, based on the foregoing, IT IS HEREBY ORDERED that: 27 1. Plaintiff’s motion to withdraw (ECF No. 118) is GRANTED, and Plaintiff’s 28 1 1 motion for preliminary injunction (ECF No. 116) will be treated as withdrawn; and 2 2. The Court’s findings and recommendations on the motion for a preliminary 3 injunction (ECF No. 117) are VACATED. 4 5 6 7 IT IS SO ORDERED. Dated: March 7, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2