Smith v. Diaz

Full title: LAWRENCE CHRISTOPHER SMITH, Plaintiff, v. RAPLH DIAZ, et al., Defendants.

Court: United States District Court, Eastern District of California

Date published: Dec 27, 2021

1:20-cv-00349-NONE-HBK (E.D. Cal. Dec. 27, 2021)

Opinion

1:20-cv-00349-NONE-HBK

12-27-2021

LAWRENCE CHRISTOPHER SMITH, Plaintiff, v. RAPLH DIAZ, et al., Defendants.

HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE

ORDER GRANTING PLAINTIFF'S REQUEST TO WITHDRAW MOTION FOR INJUNCTIVE RELIEF DOC. NO. 31

ORDER RESCINDING FINDINGS AND RECOMMENDATIONS DOC. NO. 30

HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE

Before the Court is Plaintiff Lawrence Christopher Smith's (“Plaintiff”) motion for preliminary injunction or temporary restraining order. (Doc. No. 3). On November 12, 2021, the undersigned issued Findings and Recommendations to deny Plaintiff's motion. (Doc. No. 30, “F&R”). The undersigned provided Plaintiff with an opportunity to file objections to the F&R. (Id. at 6). On December 3, 2021, Plaintiff filed a “Request to Withdraw From Consideration Motion for Injunctive Relief.” (Doc. No. 31). Plaintiff requests to “withdraw from consideration” his previous motion seeking injunctive relief “based on cause (futility).” Doc. No. 31 at 1.

Accordingly, it is ORDERED:

1. Plaintiff's “Request to Withdraw From Consideration Motion for Injunctive Relief” (Doc. No. 31) is GRANTED and Plaintiffs motion seeking injunctive relief is deemed withdrawn. (Doc. No. 3).

2. The Court rescinds its Findings and Recommendations issued on November 12, 2021. (Doc. No. 30)