(PC) Rainwater v. Ahlin et al, No. 1:2018cv00049 - Document 33 (E.D. Cal. 2018)
Court Description: ORDER VACATING FINDINGS AND RECOMMENDATIONS and DIRECTING the Clerk of the Court to Administratively Terminate Plaintiff's Request for a Temporary Restraining Order 5 , 30 , 32 , signed by Magistrate Judge Stanley A. Boone on 5/15/2018. (Hellings, J)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN ALLEN RAINWATER, Plaintiff, 12 13 14 Case No. 1:18-cv-00049-LJO-SAB ORDER VACATING FINDINGS AND RECOMMENDATIONS AND DIRECTING THE CLERK OF THE COURT TO ADMINISTRATIVELY TERMINATE PLAINTIFF’S REQUEST FOR A TEMPORARY RESTRAINING ORDER v. PAM AHLIN, et al., Defendants. 15 (ECF Nos. 5, 30, 32 ) 16 17 Plaintiff John Allen Rainwater, a civil detainee, is appearing pro se and in forma pauperis 18 in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United 19 States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On January 26, 2018, Plaintiff filed a motion for a temporary restraining order to prevent the 21 Department of State Hospitals from implementing amendments to section 4350 of Title 5 of the 22 California Code of Regulations. On May 10, 2018, findings and recommendations were filed 23 recommending denying Plaintiff’s motion for a temporary restraining order. On May 15, 2018, 24 Plaintiff filed a motion to dismiss his motion for a temporary restraining order. Plaintiff states that 25 his request is now moot as his property was confiscated and has been either lost or destroyed. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. 28 The findings and recommendations filed May 10, 2018, is VACATED (ECF No. 30); and 1 2. 1 The Clerk of the Court is DIRECTED to administratively terminate Plaintiff’s motion for a temporary restraining order (ECF No. 5) 2 3 4 IT IS SO ORDERED. 5 Dated: May 15, 2018 UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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