Zavala v. Rios et al

Filing 136

ORDER GRANTING IN PART and DENYING IN PART Plaintiff's 134 Motion to Stay the Proceedings signed by Magistrate Judge Michael J. Seng on 9/8/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAUL SANCHEZ ZAVALA,

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Plaintiff,

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v.
HECTOR RIOS, et al.,

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Case No. 1:09-CV-00679-MJS (PC)
GRANT, IN PART, AND DENY, IN PART,
PLAINTIFF’S MOTION TO STAY THE
PROCEEDINGS
(ECF No. 134.)

Defendants.

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19 I.

PROCEDURAL HISTORY

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Plaintiff is a prisoner proceeding pro se and in forma pauperis in this civil rights

21 action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of
22 Narcotics, 403 U.S. 388 (1971) and 28 U.S.C. § 1331. The action proceeds on a Fifth
23 Amendment due process claim against Doe Defendants A and B. On August 31, 2015,
24 the Court granted Defendant Gonzaga’s motion for summary judgment. (ECF No. 135.)
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Before the Court is Plaintiff’s motion to stay the proceedings (ECF No. 134.).

26 Defendant Gonzaga has not filed a response and the time to do so has passed.
27 This matter is deemed submitted. Local Rule 230(l).
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II.

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Plaintiff moved for an order directing non-parties to respond to his written
questions. Defendant’s filed an opposition. Plaintiff now moves to stay the proceedings
to allow him time to reply to Defendant’s response to his motion. As grounds, he states
he currently does not have access to his legal documents and does not know when
BOP officials will be returning them.

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MOTION TO STAY PROCEEDINGS

The Court does not find good cause exists for an indefinite stay of the
proceedings.

The Court will provide Plaintiff a copy of his original motion and

Defendant’s response and grant Plaintiff a limited extension of fourteen (14) days from
the date of service of this order in which to file a reply. No other extensions will be
granted.
III.

CONCLUSION AND ORDER
Based on the foregoing, it is HEREBY ORDERED that:

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1. The Clerk of the Court shall mail Plaintiff a copy of his motion for an order

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directing non-parties to respond to his written questions (ECF No. 132.)

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and a copy of Defendant’s response to his motion (ECF No. 133.); and

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2. Plaintiff has fourteen (14) days from the date of service of this order in

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which to file a reply. No other extensions will be granted.

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20 IT IS SO ORDERED.
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Dated:

September 8, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
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