Drake Ward v. City of Barstow et al

Filing 61

ORDER ACCEPTING THE REPORT AND RECOMMENDATIONS of United States Magistrate Judge by Judge Dale S. Fischer. No objections to the Report and Recommendation 56 have been filed. The Court accepts the findings, conclusions, and recommendations of t he United States Magistrate Judge. Within thirty days of the conclusion of Plaintiffs criminal proceedings in the Superior Court for the County of San Bernardino, the parties shall file a status report with the Court regarding the outcome of those proceedings.

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1 2 08/17/15 3 4 5 6 7 8 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 9 10 11 DRAKE WARD, 12 Plaintiff, 13 14 vs. CITY OF BARSTOW, et al., 15 16 17 Defendants. ) ) ) ) ) ) ) ) ) ) Case No. EDCV 15-00444-DSF (KES) ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE Pursuant to 28 U.S.C. § 636, the Court has reviewed the pleadings and all the 18 records and files, along with the Report and Recommendation of the United States 19 Magistrate Judge. No objections to the Report and Recommendation have been filed. 20 The Court accepts the findings, conclusions, and recommendations of the United 21 States Magistrate Judge. 22 IT IS THEREFORE ORDERED that: (1) the Barstow Defendants’ motion to 23 stay this matter pending the outcome of the state criminal proceedings that have been 24 initiated against Plaintiff (DE # 48) is granted; and (2) the Barstow Defendants’ 25 pending Motion to Dismiss (DE #37) is deemed moot without prejudice to their re26 filing it when Plaintiff’s criminal prosecution ends and the stay is lifted. 27 // 28 // 1 1 Within thirty days of the conclusion of Plaintiff’s criminal proceedings in the 2 Superior Court for the County of San Bernardino, the parties shall file a status report 3 with the Court regarding the outcome of those proceedings. 4 5 DATED: 8/13/15 __________________ 6 7 DALE S. FISCHER UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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