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