Millner v. Biter

Filing 106

ORDER Denying 105 Motion to Stay, signed by Magistrate Judge Stanley A. Boone on 12/28/15. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES W. MILLNER,

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Plaintiff,

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v.
MARTIN BITER, et al.,

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Defendants.

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Case No.: 1:13-cv-02029-SAB (PC)
ORDER DENYING PLAINTIFF’S REQUEST TO
STAY ACTION
[ECF No. 105]

Plaintiff James W. Millner is appearing pro se in this civil rights action pursuant to 42 U.S.C. §

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1983.
On December 18, 2015, Plaintiff filed a request to stay the action because on or about

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December 1, 2015, Plaintiff “went out to medical to have surgery on his wrist[,]” and he is not sure

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when he will be returned to normal housing.
Plaintiff’s request for a stay shall be denied because the only pending deadline in this action is

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service of Defendant Dr. Dileo for which Plaintiff was granted an extension of 120 days from

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November 9, 2015, to effectuate service. Thus, at the present time a stay of the action is not warranted

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based on Plaintiff’s medical condition. If and when an extension of an imminent deadline is

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necessary, Plaintiff may file an appropriate motion at that time. Accordingly, Plaintiff’s motion to

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stay the action is DENIED.

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IT IS SO ORDERED.

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Dated:

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December 28, 2015
UNITED STATES MAGISTRATE JUDGE

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