Murillo v. Holland et al

Filing 125

ORDER ADOPTING 124 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Kimberly J. Mueller on 08/27/19 GRANTING 119 Motion to Stay; all proceedings are STAYED pending the Ninth Circuit's decision on the interlocutory appeal in Rico v. Ducart, et al., No. 19-15541. Defendant is ordered to let the court know within 7 days of the appeal's resolution. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOAQUIN MURILLO,

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Plaintiff,

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No. 1:15-cv-0266 KJM DB P

v.

ORDER

K. HOLLAND, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On June 13, 2019, the magistrate judge filed findings and recommendations herein which

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were served on all parties and which contained notice to all parties that any objections to the

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findings and recommendations were to be filed within fourteen days. Neither party has filed

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objections to the findings and recommendations.
The court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed June 13, 2019 (ECF No. 124) are adopted in

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full;
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2. Defendant’s motion to stay these proceedings (ECF No. 119) is granted;

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3. All proceedings in this case are stayed pending the Ninth Circuit’s decision on the

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interlocutory appeal in Rico v. Ducart, et al., No. 19-15541; and
4. Defendant is ordered to let the court know within seven (7) days of the appeal’s

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resolution.

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DATED: August 27, 2019.

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UNITED STATES DISTRICT JUDGE

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