Hunter v. Youngblood et al

Filing 50

ORDER DENYING Plaintiff's 49 Motion to Stay Case until March 11, 2012 signed by Magistrate Judge Sheila K. Oberto on 11/22/2011. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LEROY DEWITT HUNTER,

CASE NO. 1:07-cv-01126-AWI-SKO PC

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Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION
TO STAY CASE UNTIL MARCH 11, 2012

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v.
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(Doc. 49)
DONNY YOUNGBLOOD, et al.,

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Defendants.
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Plaintiff Leroy Dewitt Hunter, a state prisoner proceeding pro se and in forma pauperis, filed

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this civil rights action pursuant to 42 U.S.C. § 1983 on August 3, 2007. This action is proceeding

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on Plaintiff’s second amended complaint, filed on December 16, 2010, against Defendant Parker for

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use of excessive force, in violation of the Due Process Clause of the Fourteenth Amendment.

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Pursuant to the scheduling order issued on March 31, 2011, the deadline for the completion of all

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discovery is November 30, 2011, and the deadline for filing pretrial dispositive motions is February

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9, 2012.

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On November 9, 2011, Plaintiff filed a motion seeking to stay this action until his release

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from prison on March 11, 2012. At this juncture, there is nothing pending in the case which requires

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a response from Plaintiff. If the Court issues an order or if Defendant files a motion requiring a

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response from Plaintiff, he may seek an extension of time to respond.1 The Court cannot stay an

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///

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The discovery deadline is approaching, but Plaintiff’s motion provides no support for a finding that
Plaintiff needs an extension of that deadline. Therefore, the Court declines to grant one sua sponte.

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action for the convenience of a party, and it notes that Plaintiff has made no showing that his ability

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to litigate this action will differ materially following his release from custody.

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Accordingly, Plaintiff’s motion to stay is HEREBY DENIED, but Plaintiff is not precluded
from seeking an extension of time, should one become necessary.

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IT IS SO ORDERED.

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Dated:
ie14hj

November 22, 2011

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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