Washington et al v. Fresno County Sheriff et al

Filing 87

ORDER VACATING DATES and STAYING ACTION,signed by Magistrate Judge Stanley A. Boone on 02/17/2016. Case stayed (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PERRY WASHINGTON, et al,

Case No. 1:14-cv-00129-DAD-SAB

Plaintiffs,

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ORDER VACATING DATES AND
STAYING ACTION

v.

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(ECF Nos. 84, 85, 86)
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FRESNO COUNTY SHERIFF, et al.,
Defendants.

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On February 5, 2016, Plaintiff filed a motion to amend the scheduling order in this action.

19 (ECF No. 80.) On February 12, 2016, an order issued requiring Defendant to file a response to
20 Plaintiff’s motion to amend the scheduling order. (ECF No. 83.) On February 16, 2016,
21 Defendant filed a notice that Plaintiff has been declared incompetent to stand trial in his criminal
22 action and requests a stay of these proceedings until Plaintiff’s competency is restored. (ECF
23 Nos. 84-86.)
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The Court finds that an indefinite stay of this action is not appropriate. However, based

25 upon the finding of incompetency by the state court, the Court finds that appointment of counsel,
26 and potentially appointment of a guardian ad litem, is appropriate in this instance. Therefore, the
27 Court shall temporarily stay this action while it seeks appointment of counsel for Plaintiff.
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Accordingly, IT IS HEREBY ORDERED that:

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All pending dates in this action are VACATED;

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The action is stayed while the Court procures counsel to represent Plaintiff in this
action.

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IT IS SO ORDERED.

7 Dated:

February 17, 2016
UNITED STATES MAGISTRATE JUDGE

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