McCoy v. Holguin et al

Filing 89

ORDER adopting 77 FINDINGS AND RECOMMENDATIONS and denying 72 Motion to Stay signed by District Judge Dale A. Drozd on 11/14/2017. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAKEITH L. MCCOY,

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Plaintiff,

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No. 1:15-cv-00768-DAD-MJS

v.
A. HOLGUIN, et al.,

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Defendants.

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS TO DENY
DEFENDANTS’ MOTION TO STAY
(Doc. Nos. 72, 77.)

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Plaintiff is a state prisoner proceeding pro se in this civil rights action brought pursuant to

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42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28

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U.S.C. §636(b)(1)(B) and Local Rule 302.
On June 14, 2017, defendants filed a motion to stay this action under the Pullman and

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Colorado River abstention doctrines pending resolution of two allegedly related state court

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proceedings. (Doc. No. 72). On August 21, 2017, the assigned magistrate judge issued findings

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and recommendations to deny defendants’ motion to stay. (Doc. No. 77.) No objections have

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been filed, and the period for objections has now expired.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the court has

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conducted a de novo review of this case. Having carefully reviewed the entire file, the court finds

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the findings and recommendations to be supported by the record and by proper analysis.

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Accordingly,

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(Doc. No. 77) in full; and

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2.

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The court adopts the findings and recommendations filed on August 21, 2017

Defendants’ motion to stay (Doc. No. 72) is DENIED.

IT IS SO ORDERED.
Dated:

November 14, 2017
UNITED STATES DISTRICT JUDGE

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