Shehee v. King
Filing
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ORDER VACATING 15 Findings and Recommendations of Decemeber 1, 2014; ORDER DENYING 16 Motion to Stay; ORDER GRANTING Extension of Time to File First Amended Complaint, signed by Magistrate Judge Gary S. Austin on 12/12/2014. Sixty Day Deadline. (Marrujo, C)
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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,
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vs.
AUDREY KING,
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Defendant.
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1:14-cv-00590-AWI-GSA-PC
ORDER VACATING FINDINGS AND
RECOMMENDATIONS OF DECEMBER
1, 2014
(Doc. 15.)
ORDER DENYING PLAINTIFF’S
MOTION FOR STAY
(Doc. 16.)
ORDER GRANTING EXTENSION OF
TIME TO FILE FIRST AMENDED
COMPLAINT
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SIXTY DAY DEADLINE
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I.
BACKGROUND
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Gregory Ell Shehee (“Plaintiff”) is a civil detainee proceeding pro se with this civil
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rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this
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action on April 23, 2014. (Doc. 1.) On October 17, 2014, the Court issued an order dismissing
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Plaintiff=s Complaint for failure to state a claim, with leave to file a First Amended Complaint
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within thirty days. (Doc. 12.) The thirty-day deadline expired, and Plaintiff failed to file a
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First Amended Complaint or otherwise respond to the Court’s order. On December 1, 2014,
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the court issued findings and recommendations, recommending that this case be dismissed for
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Plaintiff’s failure to state a claim. (Doc. 15.) Plaintiff was granted thirty days in which to file
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objections to the findings and recommendations. (Id.)
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On December 1, 2014, Plaintiff filed a motion to stay the proceedings in this action.
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(Doc. 16.)
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II.
MOTION TO STAY
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Plaintiff requests the court to stay the proceedings in this action until after he has eye
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surgery, because he is legally blind and unable to prosecute this case without assistance.
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Plaintiff has submitted a medical report dated August 26, 2014, as evidence of his blindness.
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(Doc. 11 at 3.)
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The Court does not lightly stay litigation, due to the possibility of prejudice to
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defendants. Plaintiff has shown good cause for the court to allow him time for surgery.
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However, a stay of this action is not Plaintiff’s only remedy. Plaintiff’s pending deadline in
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this action is to file a First Amended Complaint. While Plaintiff has not indicated when his
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surgery is scheduled or when he will be ready to proceed, the Court shall grant Plaintiff a sixty-
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day extension of time to file the First Amended Complaint. Should Plaintiff require a further
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extension, he should file a motion before the sixty-day deadline expires, showing good cause
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for the extension to be granted.
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In light of the foregoing, the court shall vacate the findings and recommendations of
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December 1, 2014.
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III.
CONCLUSION
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Accordingly, IT IS HEREBY ORDERED that:
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1.
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are VACATED;
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2.
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The findings and recommendations issued by the court on December 1, 2014,
Plaintiff's motion to stay this action, filed on December 1, 2014, is DENIED;
and
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3.
Good cause appearing, Plaintiff is GRANTED an extension of time until sixty
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days from the date of service of this order in which to file a First Amended
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Complaint, pursuant to the court’s order of October 17, 2014.
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IT IS SO ORDERED.
Dated:
December 12, 2014
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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