Harris v. Calzetta et al

Filing 84

ORDER Denying Plaintiff's Motion to Stay and Abey 78 , signed by Magistrate Judge Michael J. Seng on 6/6/16. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HENRY EUGENE HARRIS,

CASE NO. 1: 13-cv-001088-MJS

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Plaintiff,

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ORDER DENYING PLAINTIFF’S MOTION
TO STAY AND ABEY

v.
DR. JUAN CALZETTA, et al.,

(ECF NO. 78)

Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds on an Eighth

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Amendment medical indifference claim against Defendant Calzetta. The case is before

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the undersigned pursuant to the consent of the parties.

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Pending before the Court is Plaintiff’s April 21, 2016, motion to stay this action

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pending resolution of an appeal that he filed in the Ninth Circuit Court of Appeals. That

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appeal, which stems from the undersigned’s denial of Plaintiff’s request for subpoena

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forms (ECF No. 68), was dismissed on May 19, 2016, for lack of jurisdiction (ECF No.

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80). Plaintiff’s motion will therefore be denied.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to stay and abey
(ECF No. 78) is DENIED as moot.

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IT IS SO ORDERED.
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Dated:

June 6, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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