Jacobs v. Sullivan et al

Filing 60

ORDER Addressing Plaintiff's Opposition to Notice of Stay, signed by Magistrate Judge Sandra M. Snyder on 7/1/11. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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GEORGE E. JACOBS, IV,

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CASE NO. 1:05-cv-01625-LJO-SMS PC

Plaintiff,

ORDER ADDRESSING PLAINTIFF’S
OPPOSITION TO NOTICE OF STAY

v.
(ECF No. 59)

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W. J. SULLIVAN, et al.,
Defendants.

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Plaintiff George E. Jacobs, IV, is a state prisoner proceeding pro se and in forma pauperis,

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in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the third

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amended complaint, filed May 5, 2010, against Defendants Watson, Chan, McGregor, Blankenship,

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Crotty, Granillo, Nelson, Carrasco, Johnson, Jobb, Adams, and Alexander for a violation of the

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Eighth Amendment. On June 15, 2011, a notice of stay of proceedings was filed by Defendant

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Crotty. (ECF No. 56.) An order issued on June 23, 2011, informing the parties this action had been

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stayed, as to Defendant Crotty, pursuant to 11 U.S.C. § 362(a). On June 30, 2011, Plaintiff filed an

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opposition to the notice.

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Plaintiff argues that pursuant to Federal Rule of Civil Procedure 62(b), the court can only stay

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the final judgment in this action and it is outside the Court’s jurisdiction to stay this action based on

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the bankruptcy court proceedings. Plaintiff requests that the stay be denied.

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The scope of 11 U.S.C. § 362(a)(2) is broad and the automatic stay applies to almost every

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type of formal or informal action against the party filing a bankruptcy petition. In re Plumberex
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Specialty Products, Inc., 311 B.R. 551, 556 n.8 (Bankr.C.D.Cal. 2004). Plaintiff is partially correct

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that this court lacks jurisdiction because once Defendant Crotty filed his bankruptcy petition this

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action was automatically stayed pursuant to Section 362(a). Sternberg v. Johnston, 559 F.3d 937,

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943 (9th Cir. 2010); In re American West Airlines, 148 B.R. 920, 922 (Bankr.D.Ariz. 1993). This

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court cannot deny the stay. While a party may be granted relief from the stay for cause, 11 U.S.C.

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§ 362(d)(1), the decision to grant relief is within the broad discretion of the bankruptcy court, In re

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Plumberex, 311 B.R. at 558.

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IT IS SO ORDERED.
Dated:
icido3

July 1, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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