Daniel Trebas v. County of Fresno et al

Filing 13

ORDER DENYING Plaintiff's Motion to Stay Action 12 , signed by Magistrate Judge Stanley A Boone on 3/19/13. (Hellings, J)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 DANIEL TREBAS, 10 11 CASE NO. 1:12-cv-00978-SAB (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION TO STAY ACTION v. (ECF No. 12) 12 13 COUNTY OF FRESNO, et al., Defendants. / 14 15 Plaintiff Daniel Trebas (“Plaintiff”) is a state prisoner proceeding pro se and in forma 16 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On December 26, 2012, Plaintiff 17 filed a first amended complaint. (ECF No. 6.) On February 21, 2013, Plaintiff filed a motion for 18 leave to amend his complaint and lodged a second amended complaint. (ECF Nos. 8 & 9.) The 19 Court granted Plaintiff’s motion and filed Plaintiff’s second amended complaint on February 26, 20 2013. (ECF Nos. 10 & 11.) On March 11, 2013, Plaintiff filed a motion to stay the action “pending 21 resolution of the defendant’s barriers imposed on plaintiff.” (ECF No. 12.) 22 Currently pending before the Court is Plaintiff’s second amended complaint. The Court is 23 required to screen complaints brought by prisoners seeking relief against a governmental entity or 24 officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). Once the complaint is 25 screened and found to have stated a cognizable claim against any defendant, a copy of the complaint 26 will be sent to Plaintiff with service documents to be completed and returned. Thus, at this time 27 there are no pending deadlines for Plaintiff to require a stay or any extension of time. Once 28 Plaintiff’s complaint is screened, all court deadlines will be strictly enforced. Requests for time 1 1 extensions must state the reason the extension is needed and must be filed with the court before the 2 deadline in question. Local Rule 144; First Informational Order ¶ 10. 3 Further, the Court will not order Plaintiff’s mail to be forwarded. A pro se plaintiff has 4 an affirmative duty to keep the Court and opposing parties apprised of his or her address. Local 5 Rule 182(f); First Informational Order ¶ 11. 6 Accordingly, Plaintiff’s motion for a stay, filed March 11, 2013, is HEREBY DENIED. 7 8 9 IT IS SO ORDERED. Dated: c74hd0 March 19, 2013 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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