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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 AVERILLE WILLIS, 10 Plaintiff, 11 CASE No. 1:15-cv-01572-AWI-MJS (PC) ORDER APPROVING, IN PART, STIPULATION FOR STAY OF CASE v. (ECF NO. 27) 12 NELLYA KANDKHOROVA, 13 Defendant. 14 15 Plaintiff is a former state prisoner proceeding in forma pauperis and with counsel 16 in this civil rights action filed pursuant to 42 U.S.C. § 1983. The matter proceeds against 17 Defendant Kandkhorova on Plaintiff’s Eighth Amendment claim for inadequate medical 18 care. 19 On February 16, 2017, the parties filed a stipulation and request to stay the case. 20 (ECF No. 27.) The request is based on a recent adjudication by the Tehama County 21 Superior Court finding Plaintiff incompetent to stand trial in an unrelated criminal action. 22 They request a six month stay, following which the parties agree to meet and confer 23 regarding Plaintiff’s competency status. 24 While the Court agrees that Plaintiff’s competency status warrants a stay, the 25 Court must maintain control of its docket and ensure that cases do not sit idly without 26 reason. Accordingly, the Court will stay the matter for 120 days, and will require the 27 parties to submit a joint status report regarding Plaintiff’s competency status ninety days 28 from the date of this order. 1 1 Based on the foregoing, it is HEREBY ORDERED that: 2 1. The parties’ request to stay the case is GRANTED IN PART; 3 2. The matter is STAYED for 120 days due to Plaintiff’s competency status; 4 and 3. The parties shall file a joint status report regarding Plaintiff’s competency 5 6 status within ninety days from the date of this order. 7 8 9 IT IS SO ORDERED. Dated: February 21, 2017 /s/ 10 Michael J. Seng UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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