Fields v. Patterson et al

Filing 83

ORDER Denying Plaintiff's Motion For Stay (ECF No. 82 ), signed by Magistrate Judge Erica P. Grosjean on 11/16/2015. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN E. FIELDS,

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ORDER DENYING PLAINTIFF’S MOTION
FOR STAY
(ECF No. 82.)

Plaintiff,

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1:10-cv-01700-LJO-EPG-PC

vs.
P. PATTERSON, et al.,

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Defendants.

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I.

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BACKGROUND
Kevin E. Fields ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. This action now proceeds with the

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First Amended Complaint filed on May 31, 2013, against defendant Correctional Officer P.

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Patterson (“Defendant”) for use of excessive force in violation of the Eighth Amendment.

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(ECF No. 16.)

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On November 12, 2015, Plaintiff filed a motion to stay this action. (ECF No. 82.)
II.

MOTION FOR STAY

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Plaintiff requests the Court to stay this action because he is scheduled to be transferred

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to another prison and will lack access to his personal and legal property for up to ninety days.

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The Court does not lightly stay litigation, due to the possibility of prejudice to defendants, and

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here, a stay of the proceedings is not Plaintiff’s only remedy.
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Plaintiff’s only pending Court deadlines in this case are to file responses to Defendant’s

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motion for summary judgment of August 7, 2015, and Defendant’s motion for an order

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requiring security from vexatious litigant of August 13, 2015. The Court issued orders on

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October 16, 2015 and November 13, 2015, granting Plaintiff granted extensions of time to file

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these responses, and the deadlines have not expired. (ECF Nos. 79, 81.) If Plaintiff requires

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additional time to meet these deadlines, he should file a motion for extension of time before the

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expiration of the deadlines. The Court regularly grants extensions of time for good cause.

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III.

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CONCLUSION
Accordingly, IT IS HEREBY ORDERED that Plaintiff's motion for stay, filed on

November 12, 2015, is DENIED.

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IT IS SO ORDERED.
Dated:

November 16, 2015

/s/
UNITED STATES MAGISTRATE JUDGE

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