Goolsby v. Cate et al
Filing
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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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