(PC) Meador v. Aye et al, No. 1:2014cv00006 - Document 96 (E.D. Cal. 2016)

Court Description: ORDER to Treat Motions for Injunctive Relief as Withdrawn 58 59 64 65 68 71 73 80 87 90 ; ORDER Vacating Findings and Recommendations 74 85 , signed by Magistrate Judge Erica P. Grosjean on 10/31/16. (Verduzco, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 1:14-cv-00006-DAD-EPG (PC) GORDON DALE MEADOR, 12 Plaintiff, 13 v. 14 ORDER TO TREAT MOTIONS FOR INJUNCTIVE RELIEF AS WITHDRAWN (ECF NOS. 58, 59, 64, 65, 68, 71, 73, 80, 87, & 90) K. AYE, et al., 15 ORDER VACATING FINDINGS AND RECOMMENDATIONS (ECF NOS. 74 & 85) Defendants. 16 17 18 19 Gordon D. Meador (APlaintiff@) is a state prisoner proceeding pro se and in forma 20 pauperis in this civil rights action pursuant to 42 U.S.C. ' 1983. On September 12, 2016, 21 Plaintiff filed a Motion to Withdrawal [sic] Injunction Request (“the Motion”). (ECF No. 93). 22 Plaintiff currently has at least 10 pending motions for injunctive relief: 1) Motion for an 23 Order which Directs the KVSP Litigation Coordinator to Recover Files and Law Books from 24 Plaintiff's Ex-Cellmate (ECF No. 58); 2) Motion for an Order Directing CDCR at Kern Valley 25 State Prison Litigation Coordinator and/or Warden to Provide Plaintiff with his Personal 26 Property Specifically Legal Property and Legal Materials (ECF No. 59); 3) Motion for an 27 Order Directing that the Plaintiff be Allowed to Order Legal Supplies From the Inmate Canteen 28 (ECF No. 64); 4) Motion for Preliminary Injunction and Temporary Restraining Order (ECF 1 1 No. 65); 5) Motion for Preliminary Injunction or Temporary Restraining Order (ECF No. 68); 2 6) Motion and Declaration for Emergency Injunction Request Evidentiary Hearing (ECF. No. 3 71); 7) Motion for Injunction to Protect Plaintiff from Death by CDCR, Kern Valley State 4 Prison (ECF No. 73); 8) Motion and Declaration for Emergency Injunction and Evidentiary 5 Hearing (ECF No. 80); 9) Motion for Emergency Protection Order (ECF No. 87); and 10) 6 Motion Requesting an Order to the Attorney General to Return all Medical Records (ECF No. 7 90). 8 Because the Motion did not specify which motions for injunctive relief Plaintiff wished 9 to withdraw, or whether Plaintiff’s motion applied to all pending motions for injunctive relief, 10 the Court ordered Plaintiff to notify the Court, in writing, which motions Plaintiff wanted to 11 withdraw. (ECF No. 94). Plaintiff was given 14 days to respond, and was notified that failure 12 to comply with the order could result in withdrawal of all of the pending motions for injunctive 13 relief. (Id.). The 14 day period has expired and Plaintiff has not complied with the order. 14 Accordingly, IT IS ORDERED that all of Plaintiff’s motions for injunctive relief are 15 hereby deemed withdrawn without prejudice. Plaintiff may refile any motion for injunctive 16 relief to the extent Plaintiff is still seeking relief and the Court will consider them in the normal 17 course. 18 IT IS FURTHER ORDERED that, because the motions for injunctive relief are being 19 deemed withdrawn, the findings and recommendations that were issued on the motions for 20 injunctive relief (ECF Nos. 74 & 85) are VACATED. 21 22 23 IT IS SO ORDERED. Dated: October 31, 2016 /s/ UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 2

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