Smith v. Rios

Full title: NATHAN SMITH, Plaintiff, v. H.A. RIOS, JR., et al., Defendants

Court: United States District Court, E.D. California

Date published: Jan 18, 2011

CASE NO. 1:10-cv-1554-AWI-MJS (PC) (E.D. Cal. Jan. 18, 2011)

Opinion

CASE NO. 1:10-cv-1554-AWI-MJS (PC).

January 18, 2011

ORDER GRANTING MOTION TO WITHDRAW AND STRIKING MOTION FOR TEMPORARY RESTRAINING ORDER (ECF Nos. 29 31)

MICHAEL SENG, Magistrate Judge

Plaintiff Nathan Smith ("Plaintiff") is a federal prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971).

On December 21, 2010, Plaintiff filed a Motion to Issue Emergency Temporary Restraining Order asking the Court to order that his personal items be returned. (ECF No. 29.) On January 7, 2011, Plaintiff filed a Motion to Withdraw Motion for Temporary Restraining Order asking the Court to "strike[], render[] moot and grant[] withdrawal of his preceding motion." Plaintiff alleges that he has received new information that counters the allegations made in his prior Motion.

For the reasons stated above, Plaintiff's Motion to Withdraw is GRANTED. The Clerk shall strike Plaintiff's Motion to Issue Emergency Temporary Restraining Order.

IT IS SO ORDERED.

Dated: January 14, 2011