Warren v. Shawnego, et al

Filing 70

ORDER Staying Action Pending Resolution of Defendant's Motion to Dismiss 44 , signed by Magistrate Judge Sheila K. Oberto on 11/2/11. CASE STAYED. (Verduzco, M)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 CARMON WARREN, 8 CASE NO. 1:03-cv-06336-AWI-SKO PC Plaintiff, 9 v. 10 ORDER STAYING ACTION PENDING RESOLUTION OF DEFENDANT’S MOTION TO DISMISS S. SHAWNEGO, 11 (Docs. 44 and 51) Defendant. / 12 13 Plaintiff Carmon Warren, a state prisoner proceeding pro se and in forma pauperis, filed this 14 civil rights action pursuant to 42 U.S.C. § 1983 on September 29, 2003. Currently pending before 15 the Honorable Anthony W. Ishii is the undersigned’s recommendation that Defendant Shawnego’s 16 motion to dismiss be granted, filed on August 12, 2011. 17 Subsequent filings by both parties suggest that they are actively engaged in discovery. Given 18 that resolution of Defendant’s motion to dismiss may conclude this action and render any need for 19 discovery moot, this action is HEREBY ORDERED STAYED pending Judge Ishii’s ruling on the 20 motion to dismiss.1 21 22 IT IS SO ORDERED. 23 Dated: ie14hj November 2, 2011 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 1 Should Judge Ishii deny the motion to dismiss, an amended scheduling order will be issued by the undersigned. 1

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