Griffin v. Johnson et al

Filing 158

ORDER Denying Plaintiff's 120 Motion to Stay Proceedings for Fraud Upon the Court, signed by Magistrate Judge Barbara A. McAuliffe on 8/3/17. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MATTHEW JAMES GRIFFIN,

Case No. 1:13-CV-01599-LJO-BAM (PC)

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v.

ORDER DENYING PLAINTIFF’S MOTION
TO STAY PROCEEDINGS FOR FRAUD
UPON THE COURT

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A. JOHNSON, et al.,

(ECF No. 120)

Plaintiff,

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Defendants.

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Plaintiff Matthew James Griffin (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the

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Court is Plaintiff’s motion to stay proceedings for fraud upon the court, filed on October 17,

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2016. (ECF No. 120.) As grounds for this motion, Plaintiff complains that Defendants’ motion

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to revoke his in forma pauperis status and to dismiss this action (ECF No. 108) is premised on

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fraudulent conduct by defense counsel. (Id. at p. 2.) In particular, Plaintiff asserts that counsel

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improperly identified certain dismissal orders as strikes. (Id. at pp. 2-7.) Plaintiff therefore

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requests a stay of proceedings until an evidentiary hearing can be held. (Id. at p. 10.)

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Plaintiff’s request for a stay is no longer necessary. Defendants’ motion to revoke
Plaintiff’s in forma pauperis status was withdrawn on November 15, 2016, and the Court
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terminated the motion by order on November 17, 2016. (ECF Nos. 139, 140.) As a result, the

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Court need not address the merits of Defendants’ revocation motion or hold an evidentiary

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hearing. Accordingly, Plaintiff’s motion to stay proceedings (ECF No. 120) is HEREBY

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DENIED as moot.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 3, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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