Bell v. St. Claire et al

Filing 23

ORDER DENYING 22 Motion for Stay and GRANTING Thirty-Day Extension of Time to File Amended Complaint, signed by Magistrate Judge Sheila K. Oberto on 7/8/2014. Thirty Day Deadline to File Amended Complaint. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY BELL,

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Plaintiff,

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v.

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ORDER DENYING MOTION FOR STAY
AND GRANTING THIRTY-DAY
EXTENSION OF TIME TO FILE AMENDED
COMPLAINT

DR. JACK ST. CLAIR, et al.,

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Case No. 1:13-cv-01594-SKO (PC)

Defendants.
_____________________________________/

(Doc. 22)
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Plaintiff Anthony Bell, a state prisoner proceeding pro se and in forma pauperis, filed this

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17 civil rights action pursuant to 42 U.S.C. § 1983 on October 1, 2013. On May 20, 2014, the Court
18 dismissed Plaintiff’s complaint, with leave to amend, for failure to state a claim. On July 3, 2014,
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19 Plaintiff filed a motion seeking to stay this action until he is released from custody.

Plaintiff did not state when he anticipates release from custody and his status as a prisoner

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21 proceeding pro se does not provide grounds to stay this action indefinitely. The Court will grant a
22 thirty-day extension of time to amend. In the alternative, Plaintiff may elect to dismiss the action
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23 voluntarily and pursue it at a later date, as he previously attempted to do.

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Plaintiff previously filed a notice of voluntary dismissal and a motion for a stay, but neither filing was signed and
they were stricken from the record. Fed. R. Civ. P. 11(a); Local Rule 130. (Docs. 18-21.)
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If Plaintiff files a notice of voluntary dismissal, the dismissal is without prejudice. Fed. R. Civ. P. 41(a)(1)(A), (B).
However, the Court expresses no opinion regarding the effect of the statute of limitations on Plaintiff’s claims, or on
any other issue which may affect the viability of Plaintiff’s claims.

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Accordingly, Plaintiff’s motion for a stay is HEREBY DENIED, but Plaintiff is

2 GRANTED a thirty-day extension of time to file an amended complaint in compliance with the
3 screening order.
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IT IS SO ORDERED.
Dated:

July 8, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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