(PC) Tunstall v. Knowles, et al, No. 2:2008cv03176 - Document 109 (E.D. Cal. 2010)

Court Description: ORDER signed by Magistrate Judge John F. Moulds on 11/15/2010 VACATING Court's 100 FINDINGS and RECOMMENDATIONS and WITHDRAWING plaintiff's 92 Motion for Injunctive Relief. (Marciel, M)
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(PC) Tunstall v. Knowles, et al Doc. 109 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 ROBERT TUNSTALL, 10 Plaintiff, 11 12 13 14 No. 2:08-cv-3176-WBS-JFM (PC) vs. MIKE KNOWLES, et al., Defendants. ORDER / 15 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 16 42 U.S.C. § 1983. Plaintiff claims defendant officials at California Medical Facility (CMF) have 17 violated his federal constitutional and statutory rights by denying him access to sign language 18 classes. On August 11, 2010, plaintiff filed a motion for injunctive relief, pursuant to which he 19 sought a court order requiring Kathleen Dickinson, the Warden of CMF to provide plaintiff “with 20 a hair ct, cosmetics, the same privileges as other inmates” and to release him from administrative 21 segregation. Motion for Injunctive Relief, filed August 11, 2010, at 2. 22 On October 4, 2010, this court issued findings and recommendations 23 recommending that plaintiff’s motion be denied. On October 14, 2010 and October 27, 2010, 24 plaintiff filed documents styled as objections to the findings and recommendations. Therein, 25 plaintiff represents that he has received all of the relief requested in the motion. The court 26 construes plaintiff’s objections as a request to withdraw his August 11, 2010 motion. 1 Dockets.Justia.com 1 Good cause appearing, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed October 4, 2010 are vacated; and 3 2. Plaintiff’s August 11, 2010 motion is deemed withdrawn. 4 DATED: November 15, 2010. 5 6 7 8 9 12 tuns3176.wd 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2