Broussard v. Beard, et al
Filing
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ORDER Denying Plaintiff's Motion to Stay 20 ; ORDER Granting Extension of Time to File Objections to Findings and Recommendations 19 , signed by Magistrate Judge Gary S. Austin on 12/11/13. 30-Day Deadline. (Verduzco, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CURLY JOHN BROUSSARD, JR.,
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Plaintiff,
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vs.
JEFFREY BEARD, et al.,
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Defendants.
1:13-cv-01569-LJO-GSA-PC
ORDER DENYING PLAINTIFF’S
MOTION FOR STAY
(Doc. 20.)
ORDER GRANTING EXTENSION OF
TIME TO FILE OBJECTIONS
THIRTY DAY DEADLINE TO FILE
OBJECTIONS TO FINDINGS AND
RECOMMENDATIONS
(Doc. 19.)
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I.
BACKGROUND
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Curly John Broussard, Jr. (“Plaintiff”) is a state prisoner proceeding pro se with this
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civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on June 13, 2013 at
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the United States District Court for the Central District of California. (Doc. 1.) On September
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26, 2013, the case was transferred to the Eastern District of California. (Doc. 13.)
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On November 15, 2013, the court entered findings and recommendations to dismiss this
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action based on Plaintiff’s failure to comply with the court’s order of October 4, 2013, which
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required him to either pay the filing fee for this action or submit an application to proceed in
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forma pauperis on the court’s form. (Doc. 19.) To date, Plaintiff has not filed objections or
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otherwise responded to the findings and recommendations. (Court Record.)
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On December 20, 2013, Plaintiff filed a motion to stay the proceedings in this action.
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(Doc. 20.)
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II.
MOTION TO STAY
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Plaintiff requests the court to stay the proceedings in this action, and in case 1:12-cv-
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01040-LJO-MJS at this court, pending the processing of a petition for writ of mandate filed by
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Plaintiff at the Ninth Circuit court of appeals. Plaintiff submits as evidence a copy of a letter to
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Plaintiff from the Clerk of the Ninth Circuit, dated November 12, 2013, providing Plaintiff with
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his case number, 13-73933, and advising him about court rules and procedures for proceeding
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with a petition for writ of mandamus and/or prohibition. (Exhibit to Motion, Doc. 20 at 3.)
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The Court does not lightly stay litigation, due to the possibility of prejudice to
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defendants. Plaintiff has not shown good cause for the court to stay this action. Plaintiff’s
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evidence shows that his Ninth Circuit petition is associated with the district court’s case 1:12-
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cv-01040-LJO-MJS; however, there is no evidence that the petition is associated with the
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present case. (Exhibit to Motion, Doc. 20 at 3.) Plaintiff offers no evidence or explanation in
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support of his argument that this case should be stayed. Therefore, the motion to stay this
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action shall be denied.1
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Plaintiff=s only pending deadline in this action is to file objections, if any, to the court=s
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findings and recommendations of November 15, 2013. In light of the fast approach of this
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deadline, the court finds good cause to grant Plaintiff additional time to file objections.
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III.
CONCLUSION
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Accordingly, IT IS HEREBY ORDERED that:
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1.
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Plaintiff's motion to stay this action, filed on December 6, 2013, is DENIED;
and
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Plaintiff’s motion to stay case 1:12-cv-01040-LJO-MJS shall be resolved in that case.
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Good cause appearing, Plaintiff is GRANTED an extension of time until thirty
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days from the date of service of this order, to file objections, if any, to the
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findings and recommendations issued by the court on November 15, 2013.
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IT IS SO ORDERED.
Dated:
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December 11, 2013
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
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