Lua v. Smith et al

Filing 10

ORDER Denying Plaintiff's Motion To Stay This Action (ECF No. 8 and 9 ), Amended Complaint Due Within Sixty (60) Days, signed by Magistrate Judge Michael J. Seng on 6/24/2014. (Attachments: # 1 Complaint filed January 6, 2014, # 2 Blank Amended Complaint Form) (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HUGO LUA,

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ORDER
DENYING
PLAINTIFF’S
MOTIONS TO STAY THIS ACTION

Plaintiff,

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CASE No. 1:14-cv-00019-LJO-MJS

v.
(ECF No. 8 and 9)
O. SMITH, et al.,

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AMENDED COMPLAINT DUE WITHIN
SIXTY (60) DAYS

Defendants.

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Plaintiff Hugo Lua is a state prisoner proceeding pro se and in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.) His Compliant was

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dismissed for failure to state a cognizable claim, but he was given until May 5, 2014, to

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file an amended complaint. (ECF No. 7.)
On May 2, 2014, Plaintiff filed a motion to stay this action indefinitely. (ECF No.

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8.)

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Treatment Center because of his mental health, and he is not permitted to have personal

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property, including legal materials, while undergoing treatment there. (Id.) Plaintiff filed

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a second motion to stay on June 23, 2014. (ECF No. 9.)

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Plaintiff’s request is based on the fact he was transferred to the Correctional

“The district court has broad discretion to stay proceedings as an incident to its

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power to control its own docket.”

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Plaintiff’s ability to litigate this matter may very well be impaired by his current situation.

Clinton v. Jones, 520 U.S. 681, 706–07 (1997).

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However, the Court will not grant an indefinite stay. The Court’s docket is full of similar

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cases and it cannot justify holding such actions open indefinitely. See, e.g., Sims v.

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Lopez, 2012 WL 4801128 (E.D. Cal. Oct. 9, 2012).

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However, given that he reportedly had no access to his legal papers at the time

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his deadline to amend expired, the Court will grant him an additional 60 days from the

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date of this Order to file an amended complaint.

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Alternatively, Plaintiff has an absolute right to voluntarily withdraw his complaint

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without prejudice and refile it at a later date (subject of course to complying with

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applicable statues of limitations and other procedural requirements). Fed. R. Civ. P.

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41(a)(1).

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Accordingly, it is HEREBY ORDERED that:

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1.

Plaintiff’s motions to stay (ECF Nos. 8 and 9) are DENIED;

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2.

Plaintiff is granted sixty (60) days from the date of service of this order in

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which to file an amended complaint or file a notice of voluntary dismissal without

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prejudice; and

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3.

The Clerk of the Court shall send Plaintiff (1) a blank civil rights complaint

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form, (2) a copy of his Complaint, filed January 6, 2014, (3) a copy of the Court’s March

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31, 2014 Screening Order (ECF No. 7), and (4) a copy of the docket.

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IT IS SO ORDERED.
Dated:

June 24, 2014

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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