Hansen v. Nkwocha

Filing 28

ORDER DENYING Plaintiff's 27 Motion for Stay; ORDER GRANTING Extension of Time; Twenty-Day Deadline to File Objections to Findings and Recommendations, signed by Magistrate Judge Gary S. Austin on 8/10/17. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVEN HANSEN,

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Plaintiff,

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vs.

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P. NKWOCHA,

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Defendant.

1:15-cv-01665-DAD-GSA-PC
ORDER DENYING PLAINTIFF’S MOTION
FOR STAY
(ECF No. 27.)
ORDER GRANTING EXTENSION OF
TIME
TWENTY-DAY DEADLINE TO FILE
OBJECTIONS TO FINDINGS AND
RECOMMENDATIONS
(ECF No. 22.)

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I.

BACKGROUND

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Steven Hansen (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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with this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint

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commencing this action on November 2, 2015. (ECF No. 1.) This case now proceeds with

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Plaintiff’s First Amended Complaint filed on February 29, 2016, against sole defendant

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Custody Officer Philip Nkwocha (“Defendant”), on Plaintiff’s retaliation claim under the First

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Amendment. (ECF No. 7.)
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On April 25, 2017, the court entered findings and recommendations to grant

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Defendant’s motion for summary judgment on the ground that Plaintiff failed to exhaust

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administrative remedies before filing suit. (ECF No. 22.) Plaintiff was granted thirty days in

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which to file objections to the findings and recommendations. (Id.) During the next three

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months Plaintiff requested, and was granted, two thirty-day extensions of time to file

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objections. (ECF Nos. 23, 24, 25, 26.) To date, Plaintiff has not filed objections.

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On August 7, 2017, Plaintiff filed a motion to stay the proceedings in this action. (ECF

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No. 27.)

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II.

MOTION TO STAY

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Plaintiff requests the court to stay the proceedings in this action to allow him additional

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time to file objections, because “[b]eing that I am a state prisoner my resources are limited and

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at times restricted.” (Id.)

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The court does not lightly stay litigation, due to the possibility of prejudice to

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defendants. Plaintiff has not shown good cause for the court to stay this action. Plaintiff offers

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no evidence except his conclusory statement to support his argument that this case should be

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stayed indefinitely. Therefore, the motion to stay this action shall be denied.

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Moreover, Plaintiff has not shown good cause for an extension of time to file

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objections. Plaintiff has not explained what resources he needs that are restricted, or why they

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are restricted. Plaintiff has not shown that he has been diligent in preparing objections or that

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an extension of time will assist him in defending against summary judgment. Plaintiff filed an

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opposition to Defendant’s motion for summary judgment on September 30, 2016, and has not

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argued that the opposition was deficient in any way. Further, Plaintiff has already had more

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than three months to file objections.

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In the interest of justice, the court shall allow Plaintiff one more extension of time to

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file objections. Plaintiff shall be granted twenty days in which to file objections, if any.

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III.

CONCLUSION

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s motion to stay this action, filed on August 7, 2017, is DENIED;
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Plaintiff is GRANTED an extension of time until twenty days from the date of

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service of this order, to file objections, if any, to the findings and

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recommendations issued by the court on April 25, 2017; and

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3.

No further extensions of time shall be granted without a showing of good cause.

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IT IS SO ORDERED.
Dated:

August 10, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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