Gaston v. Terronez

Filing 54

ORDER Denying Plaintiff's Motion 51 as Moot, signed by Magistrate Judge Gary S. Austin on 2/29/12. (Gonzalez, R)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 ANTHONY GASTON, 10 11 12 1:08-cv-01629-GSA-PC Plaintiff, ORDER DENYING PLAINTIFF’S MOTION AS MOOT (Doc. 51.) v. TERRONEZ, 13 Defendant. / 14 15 Anthony Gaston (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with 16 this civil rights action pursuant to 42 U.S.C. § 1983. On September 22, 2011, Plaintiff filed a motion 17 to stay the proceedings in this action pending the resolution of appellate proceedings at the United 18 States Supreme Court in Plaintiff’s Kern County Superior Court case S-1500-CV-263755-AEU 19 (Gaston v. Terrones). (Doc. 51.) On February 28, 2012, the Court issued an order staying all of the 20 proceedings in this action until Plaintiff has completed state court proceedings in case S-1500-CV- 21 263755-AEU. (Doc. 53.) Inasmuch as this action is now stayed, Plaintiff’s motion for stay is moot 22 and shall be denied as such. 23 24 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for a stay of the proceedings in this action, filed on September 22, 2011, is DENIED as moot. 25 26 27 28 IT IS SO ORDERED. Dated: 6i0kij February 29, 2012 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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