Bryant v. Gallagher et al

Filing 168

ORDER Denying Plaintiff's 162 Motion to Stay Setting a Cutoff Date for Dispositive Motions or Extension of Time signed by Magistrate Judge Barbara A. McAuliffe on 11/07/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KEVIN DARNELL BRYANT

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Plaintiff,
v.
P. GALLAGHER, et al.,
Defendants.

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Case No.: 1:11-cv-00446-LJO-BAM PC
ORDER DENYING PLAINTIFF’S MOTION TO
STAY SETTING A CUTOFF DATE FOR
DISPOSITIVE MOTIONS OR EXTENSION OF
TIME
(ECF No. 162)

Plaintiff Kevin Darnell Bryant (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This action is proceeding on
Plaintiff’s first amended complaint, filed on July 5, 2011, against Defendant Romero for deliberate
indifference to serious medical needs in violation of the Eighth Amendment; and against Defendants
Gallagher and Romero for conspiracy, retaliation in violation of the Eighth Amendment and failure to
protect in violation of the Eighth Amendment.
On September 25, 2014, Plaintiff filed a notice of appeal, which was processed to the Ninth
Circuit on September 29, 2014. (ECF Nos. 157, 158.)
On October 9, 2014, Plaintiff filed a motion requesting that the Court stay setting a dispositive
motion cut-off date until after the Ninth Circuit Court of Appeals Rules on and decides the appeal.
(ECF No. 162.)
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On October 28, 2014, the Ninth Circuit Court of Appeals dismissed Plaintiff’s appeal for lack
of jurisdiction. (ECF No. 165.)
Based on the dismissal of Plaintiff’s appeal, his request for a stay regarding the setting of a

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dispositive motion deadline is unnecessary and his motion is HEREBY DENIED.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

November 7, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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