Garbarini v. Ulit et al

Filing 47

ORDER DENYING Defendants' Motion to Stay as Moot 44 , signed by Magistrate Judge Stanley A. Boone on 9/16/15. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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) Case No.: 1:14-cv-01058-AWI-SAB (PC)
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Plaintiff,
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) ORDER DENYING DEFENDANTS’ MOTION
TO STAY AS MOOT
v.
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) [ECF No. 45]
WAYNE ULIT, et al.,
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Defendants.
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Plaintiff Ralph Garbarini is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983.

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RALPH GARBARINI,

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On September 3, 2015, Defendants filed a motion to stay the action pending Plaintiff’s appeal

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of the Court’s dismissal of Plaintiff’s request for monetary damages from Defendants in their official

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capacities under the Eleventh Amendment. (ECF No. 40.) On September 16, 2015, the Ninth Circuit

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Court of Appeals dismissed the appeal for lack of jurisdiction. (ECF No. 46.) Accordingly,

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Defendants’ motion to stay this action is DENIED as MOOT.

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IT IS SO ORDERED.

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Dated:

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September 16, 2015
UNITED STATES MAGISTRATE JUDGE

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