Goolsby v. Cate et al

Filing 26

ORDER Lifting Stay of Action signed by Magistrate Judge Gary S. Austin on 09/23/2013. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THOMAS GOOLSBY,

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Plaintiff,

1:13-cv-00119-GSA-PC
ORDER LIFTING STAY OF ACTION
(Doc. 20.)

vs.
MATTHEW CATE, et al.,
Defendants.

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Thomas Goolsby ("Plaintiff") is a state prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on

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January 25, 2013. (Doc. 1.) On February 11, 2013, Plaintiff consented to Magistrate Judge

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jurisdiction in this action pursuant to 28 U.S.C. ' 636(c), and no other parties have made an

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appearance. (Doc. 3.) Therefore, pursuant to Appendix A(k)(4) of the Local Rules of the

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Eastern District of California, the undersigned shall conduct any and all proceedings in the case

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until such time as reassignment to a District Judge is required. Local Rule Appendix A(k)(3).

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On June 25, 2013, the court issued an order staying this action pending resolution of

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Plaintiff’s appeal to the Ninth Circuit Court of Appeals. (Doc. 20.) On August 7, 2013, the

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Ninth Circuit issued an order dismissing Plaintiff’s appeal for lack of jurisdiction, and the final

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mandate was entered on September 20, 2013. (Docs. 24, 25.) Because Plaintiff’s appeal has

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been resolved, the stay of this action shall be lifted.

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Accordingly, IT IS HEREBY ORDERED that the stay of this action, imposed by the
court on June 25, 2013, is LIFTED.

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IT IS SO ORDERED.
Dated:

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September 23, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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