Anderson v. Kimbrell, et al.

Filing 25

ORDER denying 14 Motion to Stay signed by Magistrate Judge Dennis L. Beck on 8/25/2014. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DION ANDERSON, 12 ORDER DENYING PLAINTIFF’S MOTION FOR STAY Plaintiff, 13 14 Case No. 1:13-cv-00378 AWI DLB PC v. [ECF No. 14] K. KIMBRELL, et al., 15 Defendants. 16 17 Plaintiff Dion Anderson (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil action pursuant to 42 U.S.C. § 1983. 19 This action was filed on March 15, 2013. On October 18, 2013, the Court issued a 20 screening order dismissing the action, with leave to amend, for failure to state a claim. On 21 November 12, 2013, Plaintiff filed a motion for reconsideration regarding the order dismissing 22 the action. On January 3, 2014, the District Court denied the motion. On January 21, 2014, 23 Plaintiff sought an interlocutory appeal to the Ninth Circuit Court of Appeals. He filed a motion 24 for stay of the proceedings on the same date. The appeal was processed on January 24, 2014, 25 and the Ninth Circuit dismissed the appeal on February 26, 2014. 26 /// 27 /// 28 /// 1 1 Insofar as the interlocutory appeal has been denied, Plaintiff’s motion for stay of the 2 proceedings pending the appeal is DENIED as moot. 3 4 5 IT IS SO ORDERED. Dated: /s/ Dennis August 25, 2014 L. Beck UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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