IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 31, 2012
ROBERT P. BENYAMINI, PLAINTIFF,
MENDOZA, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Plaintiff, a state prisoner proceeding pro se and in forma pauperis, seeks relief pursuant to 42 U.S.C. § 1983. By Order, filed on May 9, 2012 (docket # 109), the March 16, 2012 Findings and Recommendations (docket # 101) of the undersigned were adopted and plaintiff's March 13, 2012 (docket # 100) "motion for emergency stay and preliminary injunction" was denied. Currently pending before the district judge is this court's Findings and Recommendations, filed on April 19, 2012 (docket # 106), recommending that the motion to revoke plaintiff's in forma pauperis status, filed on September 13, 2011 (docket # 63), brought by defendants Leese, Mendoza, Fumasi, Ramirez and Baumgarner be granted. Plaintiff's motion for reconsideration, filed on April 16, 2012 (docket # 105), evidently mis-directed toward the Clerk of the Court with regard to the clerk's denial of plaintiff's request for an entry of default as to defendant Hurtado, and a renewed motion for an "emergency stay" of this case, filed on May 14, 2012 (docket # 111), will be vacated subjected to being properly re-noticed once the motion to revoke plaintiff's in forma pauperis status has been resolved.
Accordingly, IT IS ORDERED that plaintiff's motions at docket # 105 and docket # 111 are hereby VACATED, subject to being properly re-noticed upon determination as to whether or not plaintiff's in forma pauperis status is revoked.
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