Willis v. Kandkhorova

Filing 28

ORDER approving in part 27 Stipulation for Stay of Case signed by Magistrate Judge Michael J. Seng on 2/21/2017. (Case Management Deadline: 8/24/2017). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AVERILLE WILLIS,

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Plaintiff,

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CASE No. 1:15-cv-01572-AWI-MJS (PC)
ORDER
APPROVING,
IN
PART,
STIPULATION FOR STAY OF CASE

v.
(ECF NO. 27)

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NELLYA KANDKHOROVA,

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Defendant.

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Plaintiff is a former state prisoner proceeding in forma pauperis and with counsel

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in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter proceeds against

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Defendant Kandkhorova on Plaintiff’s Eighth Amendment claim for inadequate medical

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care.

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On February 16, 2017, the parties filed a stipulation and request to stay the case.

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(ECF No. 27.) The request is based on a recent adjudication by the Tehama County

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Superior Court finding Plaintiff incompetent to stand trial in an unrelated criminal action.

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They request a six month stay, following which the parties agree to meet and confer

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regarding Plaintiff’s competency status.

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While the Court agrees that Plaintiff’s competency status warrants a stay, the

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Court must maintain control of its docket and ensure that cases do not sit idly without

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reason. Accordingly, the Court will stay the matter for 120 days, and will require the

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parties to submit a joint status report regarding Plaintiff’s competency status ninety days

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from the date of this order.
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Based on the foregoing, it is HEREBY ORDERED that:

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1. The parties’ request to stay the case is GRANTED IN PART;

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2. The matter is STAYED for 120 days due to Plaintiff’s competency status;

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and
3. The parties shall file a joint status report regarding Plaintiff’s competency

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status within ninety days from the date of this order.

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IT IS SO ORDERED.
Dated:

February 21, 2017

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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