Nawabi v. Cates et al

Filing 74

ORDER LIFTING STAY and Requiring Plaintiff to File a Third Amended Complaint, signed by Magistrate Judge Stanley A. Boone on 4/4/19. (Third Amended Complaint due 14-Day Dealine)(Martin-Gill, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

IDRIS NAWABI,
Plaintiff,

12
13
14

Case No. 1:13-cv-00272-LJO-SAB
ORDER LIFTING STAY AND REQUIRING
PLAINTIFF TO FILE A THIRD AMENDED
COMPLAINT

v.
CATES, et al.,

FOURTEEN DAY DEADLINE
Defendants.

15
16
17

Plaintiff Idis Nawabi, a former state prisoner proceeding pro se and in forma pauperis,

18 filed this civil rights action pursuant to 42 U.S.C. § 1983 on February 25, 2013. On November
19 30, 2015, this matter was stayed at the stipulation of the parties until the resolution of the appeals
20 in Smith, et al. v. Schwarzenegger, et al., appeal no. 15-17155, Hines v. Youssef, appeal no. 1521 16145, and Jackson, et al. v. Brown, et al., appeal no. 15-17076.
22

On February 1, 2019, the Ninth Circuit issued an order affirming the district court

23 decision in Smith, et al. v. Schwarzenegger, et al., appeal no. 15-17155, and Hines v. Youssef,
24 appeal no. 15-16145, and affirming in part and reversing in part in Jackson, et al. v. Brown, et
25 al., appeal no. 15-17076. Plaintiffs filed requests for en banc review which were denied on
26 March 26, 2019. On April 3, 2019, the mandate issued in each of the actions.
27

Accordingly, IT IS HEREBY ORDERED that:

28

1.

The stay in this matter is lifted; and

1

2.

1

Plaintiff shall file a third amended complaint alleging his Eighth Amendment

2

deliberate indifference to medical care claims within fourteen (14) days of the

3

date of entry of this order.

4
5

IT IS SO ORDERED.

6 Dated:

April 4, 2019
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2