Shehee v. Beuster et al

Filing 11

ORDER Denying Plaintiff's Motion To Stay Without Prejudice (ECF No. 10 ), signed by Magistrate Judge Barbara A. McAuliffe on 12/5/2014. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GREGORY ELL SHEHEE,

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Plaintiff,
v.
YVONNE BEUSTER, et al.,
Defendants.

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1:14-cv-00122-LJO-BAM
ORDER DENYING PLAINTIFF’S MOTION
TO STAY WITHOUT PREJUDICE
(ECF No. 10)

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Plaintiff Gregory Ell Shehee (“Plaintiff”) is a civil detainee proceeding pro se and in

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forma pauperis in this civil rights action. Plaintiff initiated this action on January 27, 2014.

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On October 30, 2014, Plaintiff filed a motion seeking the appointment of counsel due to

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his allegations of blindness. (ECF No. 8.) On November 3, 2014, the Court denied the motion

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without prejudice. In so doing, the Court indicated that it could not ascertain the scope of

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Plaintiff’s purported legal blindness based on the record presented. The Court also noted that

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Plaintiff had more than 10 other civil matters pending in this district, but he had not requested

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counsel in all of those actions. (ECF No. 9.)

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On December 1, 2014, Plaintiff filed the instant motion entitled “Notice of Appeal.” In

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the motion, Plaintiff claims that due to his blindness, he can no longer proceed without an

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attorney because he is not able to see words. Plaintiff requests that the Court stop all

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proceedings until he receives surgery. (ECF No. 10.) The Court construes Plaintiff’s moving

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papers as a motion to stay this action.
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The district court “has broad discretion to stay proceedings as an incident to its power to

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control its own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997) (citing Landis v. North

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American Co., 299 U.S. 248, 254 (1936)). The party seeking the stay bears the burden of

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establishing the need to stay the action. Clinton, 520 U.S. at 708.

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Here, Plaintiff has not carried his burden of establishing the need to stay this action.

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Plaintiff has not presented any evidence of pending surgery or other pending medical procedure.

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Plaintiff also has not provided any indication of the extent of the requested stay, including a

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scheduled surgery date and the anticipated length of his recovery. Plaintiff may file a renewed

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motion for stay to present such evidence and information to the Court.

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Accordingly, Plaintiff’s motion for stay is HEREBY DENIED without prejudice.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

December 5, 2014

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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