Spearman
(PC) Sierra v. Spearman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCISCO SIERRA, Case No. 2:23-cv-01347-JDP (PC) Plaintiff, v. ORDER; FINDINGS AND
RECOMMENDATIONS
M.E. SPEARMAN, Defendant. 16 17 18 19 20 Plaintiff, a state prisoner, filed an “emergency [] complaint” that alleges he is being poisoned by CDCR staff and requests for an immediate transfer out of Mule Creek State Prison.1 Since plaintiff has styled this document as a complaint and he seeks preliminary injunctive relief, I will treat it as a joint complaint and request for an injunction. The complaint does not contain a
1 Plaintiff filed a letter with the court on September 5, 2023 asking to “retrieve law suit” and “retrack my 1983 civil suit.” ECF No. 8. I cannot conclude that this filing constitutes a 26 voluntary dismissal under Federal Rule of Civil Procedure 41. If plaintiff wishes to voluntarily dismiss this action, he may do so by filing a notice of dismissal in accordance with Federal Rule of Civil Procedure 41(a)(1)(A). …