Freeman v. Martin et al

Filing 9

ORDER Denying Plaintiff's 8 Motion for Stay signed by Magistrate Judge Gary S. Austin on 08/21/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DEMETRIUS TERRELL FREEMAN,

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Plaintiff,

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vs.

1:14-cv-00575-GSA-PC
ORDER DENYING PLAINTIFF’S
MOTION FOR STAY
(Doc. 20.)

A. MARTIN, et al.,

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Defendants.

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I.

BACKGROUND

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Demetrius Terrell Freeman ("Plaintiff") is a federal prisoner proceeding pro se and in

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forma pauperis with this civil rights action pursuant to Bivens vs. Six Unknown Agents, 403

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U.S. 388 (1971). Plaintiff filed the Complaint commencing this action on April 21, 2014.

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(Doc. 1.)

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On August 15, 2014, Plaintiff filed a motion for stay of the proceedings in this action.

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(Doc. 8.)

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II.

MOTION TO STAY

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Plaintiff requests the court to stay the proceedings in this action because of his condition

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following eye surgery having been stabbed in the right eye. Plaintiff asserts that he is currently

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detained in segregated housing, lacks access to his legal materials, and suffers from blurred

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vision and extreme headaches.
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The Court does not lightly stay litigation, due to the possibility of prejudice to

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defendants. There are currently no pending court deadlines in this action, and the Complaint

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awaits the court’s requisite screening under 28 U.S.C. § 1915A. While Plaintiff has shown

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good cause for a delay in the proceedings, a stay of the entire action is not Plaintiff’s only

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remedy. If Plaintiff requires additional time to respond to any deadline that may arise in this

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action, he should file a motion for extension of time before the deadline expires. The court

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routinely grants extensions of time when good cause is shown. Based on the foregoing,

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Plaintiff’s motion to stay this action shall be denied.

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III.

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CONCLUSION
Accordingly, IT IS HEREBY ORDERED that Plaintiff's motion to stay this action, filed

on August 15, 2014, is DENIED.

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IT IS SO ORDERED.
Dated:

August 21, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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