Micolo v. Pinal, County of et al

Filing 58

ORDER denying 57 Plaintiff's Motion to Stay. Plaintiff's date for filing an amended complaint is extended until March 18, 2016. Plaintiff is cautioned, however, that this case will be dismissed if he does not file an amended complaint by that date. The Clerk shall dismiss this action if Plaintiff fails to file an amended complaint by March 18, 2016,without further order of the court. Signed by Judge David G Campbell on 3/9/16.(LSP)

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UNITED STATES DISTRICT COURT

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DISTRICT OF ARIZONA

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NO. CV14-02649-PHX DGC

Michael Carmine Micolo,
Plaintiff,

ORDER

v.

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County of Pinal, Pinal County Sheriff’s Office,
and Sergeant Stacy Sherwood,
Defendants.

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Plaintiff pled guilty to resisting arrest in state court and was sentenced on

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November 30, 2015. Doc. 45. As a result, the Court lifted the stay that had been in place

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due to Heck v. Humphrey, 512 U.S. 477, 487 (1994), since June of last year. Doc. 38.

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The Court recently dismissed Plaintiff’s complaint on the basis of Heck and granted him

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leave to file an amended complaint.

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March 11, 2016, to file his amended complaint. Id.

Doc. 56.

The Court gave Defendant until

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Plaintiff has now moved to stay this action again, stating that he has filed a

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petition for post-conviction relief in his state case. Doc. 57. The Court will deny the

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stay. This action has already been delayed for many months, Plaintiff pled guilty to the

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state charges, and Plaintiff provides no basis for the Court to conclude that his state

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petition will alter the outcome of his state case.

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Because of the delay caused by the filing of this motion, the Court will extend

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Plaintiff’s date for filing an amended complaint until March 18, 2016. Plaintiff is

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cautioned, however, that this case will be dismissed if he does not file an amended

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complaint by that date. The Clerk shall dismiss this action if Plaintiff fails to file an

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amended complaint by March 18, 2016 ,without further order of the court.

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Dated this 9th day of March, 2016.

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