Jose Vela, Jr. v. Federal Bureau of Prisons et al

Filing 212

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Dolly M. Gee for MOTION to Dismiss 190 , Report and Recommendation (Issued) 193 . IT IS ORDERED that Plaintiff's motion for dismissal of the Second Amended Complaint is DENIED and his alternative motion for a stay of proceedings is GRANTED IN PART until March 31, 2021. [Doc. # 190.] The matter is referred back to the Magistrate Judge to address pending motions. (see document for further details) (hr)

Case 5:16-cv-02526-DMG-AGR Document 212 Filed 03/22/21 Page 1 of 2 Page ID #:2163

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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JOSE VELA,
Plaintiff,

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v.

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UNITED STATES OF AMERICA,
et al.,
Defendants.

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NO. EDCV 16-2526-DMG (AGR)
ORDER ACCEPTING FINDINGS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed Plaintiff’s motion for
dismissal of Second Amended Complaint, the records on file, the Report and
Recommendation of the United States Magistrate Judge (“Report”), and the
objections filed by both Plaintiff and Defendant. Further, the Court has engaged in a
de novo review of those portions of the Report to which a party has objected.
The Court construes Plaintiff’s objections as a motion for a stay until he is
released from custody. Plaintiff’s objections include an “Erratum [] Notice and Motion
to Amend Plaintiff’s Motion to Dismiss Without Prejudice.” [Doc. # 197.] Although
not entirely clear, Plaintiff asks for dismissal without prejudice or “a pause in these
matters until the Plaintiff is released out of the custody of the Defendants and back to
society so that he may seek assistance in these matters.” (Id. at 13.)1 Plaintiff

Page citations are to the page numbers assigned by CM/ECF in the header
of the document.
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Case 5:16-cv-02526-DMG-AGR Document 212 Filed 03/22/21 Page 2 of 2 Page ID #:2164

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explains that he sought dismissal so that he could continue with the litigation once

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released from custody. (Id. at 11, 13.) The Magistrate Judge ordered Defendant to

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file a response to Plaintiff’s motion for a stay. [Doc. # 200.] Defendant filed a

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response. [Doc. # 203.] The Magistrate Judge ordered Plaintiff to file a reply but

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Plaintiff did not do so. [Doc. # 207.]

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According to the Bureau of Prisons website, Plaintiff’s projected release date

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from residential reentry is March 31, 2021. (Williams Decl. ¶ 12, Doc. # 203-1);

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https://www.bop.gov/inmateloc.

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IT IS ORDERED that Plaintiff’s motion for dismissal of the Second Amended

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Complaint is DENIED and his alternative motion for a stay of proceedings is

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GRANTED IN PART until March 31, 2021. [Doc. # 190.] The matter is referred back

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to the Magistrate Judge to address pending motions.

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Plaintiff is reminded that it is his responsibility to apprise the Court and

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opposing counsel of his current address as well as telephone number and email

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address. Failure to do so may result in dismissal of this action for failure to

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prosecute. Local Rule 41-6.

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DATED: March 22, 2021

DOLLY M. GEE
United States District Judge

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