Caesar v. Beard, et al.

Filing 14

ORDER Denying 13 Plaintiff's Motion to Stay; ORDER Granting Extension of Time to File Objections to 12 Findings and Recommendations; ORDER for Clerk to Serve Plaintiff at Two Addresses, signed by Magistrate Judge Gary S. Austin on 03/30/15. Objections to F&R due by 7/1/2015. (Gonzalez, R)

1
2
3
4
5
6
7

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

DANNY CAESAR,

12

Plaintiff,

13
14

vs.
JEFFREY BEARD, et al.,

15

Defendants.

16

1:13-cv-01726-LJO-GSA-PC
ORDER DENYING PLAINTIFF’S
MOTION FOR STAY
(Doc. 13.)
ORDER GRANTING EXTENSION OF
TIME TO FILE OBJECTIONS TO
FINDINGS AND RECOMMENDATIONS
(Doc. 12.)
DEADLINE JULY 1, 2015

17

ORDER FOR CLERK TO SERVE
PLAINTIFF AT TWO ADDRESSES

18
19
20

I.

BACKGROUND

21

Danny Caesar (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights

22

action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on

23

October 28, 2013. (Doc. 1.) The court screened the Complaint under 28 U.S.C. § 1915 and

24

issued an order on March 17, 2014, dismissing the Complaint for failure to state a claim, with

25

leave to amend. (Doc. 10.) On April 17, 2014, Plaintiff filed the First Amended Complaint.

26

(Doc. 11.)

27

recommending that this case be dismissed, with prejudice, for failure to state a claim. (Doc.

On March 17, 2015, the court entered findings and recommendations,

28
1

1

12.)

2

recommendations. (Id.)

3

Plaintiff was granted thirty days in which to file objections to the findings and

On March 25, 2015, Plaintiff filed a motion to stay the proceedings in this action, which

4

is now before the court. (Doc. 13.)

5

II.

MOTION TO STAY

6

Plaintiff requests a stay of the proceedings in this action, pending the outcome of “a

7

Proposition 36 Hearing at Santa Clara County Superior Court.” Motion, Doc. 13 at 1. Plaintiff

8

does not indicate when the hearing is scheduled or how long it will last; however, he asserts

9

that he was unexpectedly returned to the Santa Clara court, without possession of his property.

10

Plaintiff requests the court to “put my case on hold until such time that I contact [the court] and

11

either ask [the court] to re-open the case or dismiss it altogether, depending on the outcome of

12

my Proposition 36 Hearing.” Id.

13

The Court does not lightly stay litigation, due to the possibility of prejudice to

14

defendants. While Plaintiff has shown good cause for a delay in the proceedings for this action,

15

Plaintiff=s only remedy is not a stay. Plaintiff’s only pending deadline in this action is to file

16

objections to the findings and recommendations of March 17, 2015 within thirty days.

17

Therefore, Plaintiff shall be granted an extension of time until July 1, 2015 in which to file

18
19
20

objections. Should Plaintiff require a further extension of time, he should file a motion before
the current deadline expires.
III.

21

CONCLUSION
Accordingly, IT IS HEREBY ORDERED that:

22

1.

23

is DENIED;

24

2.

25

28

Plaintiff is GRANTED an extension of time until July 1, 2015 to file objections
to the findings and recommendations issued by the court on March 17, 2015;

26
27

Plaintiff's motion to stay the proceedings in this action, filed on March 25, 2015,

and
///
///
2

1

3.

The Clerk of Court is directed to serve Plaintiff with a copy of this order at two

2

addresses:

3

(1)

4

management system, and

5

(2)

6
7

8

Danny Caesar
PFN #BZI551
885 N. San Pedro St.
San Jose, California 95110

IT IS SO ORDERED.

9

Dated:
10

Plaintiff’s address of record on the court’s CM-ECF case

March 30, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17
18
19
20
21
22

23
24
25
26
27
28
3