Chacon v. Cerrini, et al.

Filing 33

ORDER Denying 32 Motion for Stay of Action signed by Magistrate Judge Gary S. Austin on 08/02/2013. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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1:11-cv-01689-GSA-PC

EDIN A. CHACON,

ORDER DENYING MOTION FOR STAY
OF ACTION
(Doc. 32.)

vs.
J. CERRINI, et al.,

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Defendants.

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I.

BACKGROUND

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Edin A. Chacon (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on

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January 10, 2011. (Doc. 1.) Plaintiff has consented to the jurisdiction of a Magistrate Judge

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pursuant to 28 U.S.C. 636(c), and no other parties have made an appearance. (Doc. 14.)

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This case now proceeds on the First Amended Complaint filed by Plaintiff on May 3,

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2012, against defendants Crouch, Tyree, Rivera, and Adame, for retaliation against Plaintiff in

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violation of the First Amendment.1 (Doc. 22.) On July 26, 2013, Plaintiff filed a motion for

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stay of the proceedings in this action. (Doc. 32.)

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On April 18, 2013, the court dismissed all other claims and defendants from this action, based on lack of
venue and Plaintiff’s failure to state a claim. (Doc. 28.)
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II.

MOTION FOR STAY OF ACTION

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

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defendants. Here, Plaintiff requests a stay of the proceedings in this action until September 19,

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2013, because he is being scheduled for parole and is required to pack his property. Plaintiff

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explains that he will not have access to his legal materials concerning this case until after he

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has been paroled and is housed in a new residence, which may take several weeks.

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At this stage of the proceedings, the court finds no good cause to stay this entire action

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based on Plaintiff’s transition to parole. Service of process is currently pending, and Plaintiff

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does not require access to any of his legal materials for service of process to proceed as

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ordered. There are presently no pending court deadlines for Plaintiff in this action. As long as

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Plaintiff keeps the court apprised of his current address, he will receive notice of any court

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order issued in his case, and if Plaintiff should require an extension of time to meet a court

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deadline, he can file a motion for extension of time. Therefore, Plaintiff’s motion for stay shall

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be denied.

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III.

Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s motion for stay of

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CONCLUSION

this action is DENIED.

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IT IS SO ORDERED.
Dated:

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August 2, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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