Flowers v. Johnson et al

Filing 18

ORDER Denying Plaintiff's 16 Motion to Stay, signed by Magistrate Judge Michael J. Seng on 5/9/16. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RUPERT FLOWERS,

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Plaintiff,

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CASE NO. 1:15-cv-01778- MJS (PC)
ORDER DENYING PLAINTIFF’S MOTION
TO STAY

v.
(ECF NO. 16)
B. JOHNSON, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil

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rights action brought pursuant to 42 U.S.C. § 1983.1 This matter proceeds on claims

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raised in the First Amended Complaint against Defendants Marsh, Martinez, and

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Johnson. (ECF No. 13.) On March 21, 2016, service was ordered on the Defendants

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(ECF No. 15), and on April 8, 2016, Waivers of Service were sent for two of the three

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Defendants (Martinez and Johnson) (ECF No. 17). An answer is due on June 7, 2016.
Now pending is Plaintiff’s motion to stay all proceedings and/or for an extension of

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time. (ECF No. 16.) Plaintiff seeks a 45-60 day stay or continuance of this action due to

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his recent placement in solitary confinement, rendering it difficult, if not impossible, for

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him to meet court deadlines.

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Plaintiff has consented to the undersigned’s jurisdiction. (ECF No. 6.)

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A district court “has broad discretion to stay proceedings as an incident to its

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power to control its own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997) (citing

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Landis v. North American Co., 299 U.S. 248, 254 (1936)). The party seeking the stay

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bears the burden of establishing the need to stay the action. Clinton, 520 U.S. at 708.

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Presently, there are no court deadlines that require action on Plaintiff’s part necessitating

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a stay or a continuance.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to stay and/or
extension of time (ECF No. 16) is DENIED without prejudice.

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IT IS SO ORDERED.
Dated:

May 9, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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