Bealer v. Secretary of California Department of Corrections and Rehabilitation et al

Filing 33

ORDER DENYING AS MOOT 31 Plaintiff's Motion to Stay signed by Magistrate Judge Michael J. Seng on 7/2/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTWOINE BEALER,

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Plaintiff,

CASE NO. 1:16-cv-00671-LJO-MJS (PC)
ORDER DENYING AS MOOT PLAINTIFF’S
MOTION TO STAY (ECF No. 31)

v.
SECRETARY OF CALIFORNIA
DEPARTMENT OF CORRECTIONS
AND REHABILITATION, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in a civil rights
action brought pursuant to 42 U.S.C. § 1983.

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On April 24, 2017, the Court dismissed Plaintiff’s first amended complaint with

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leave to amend. (ECF No. 22.) On May 5, 2017, Plaintiff filed a motion for extension of

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time to file a second amended complaint. (ECF No. 25.) On May 22, 2017, the Court

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granted Plaintiff’s request and ordered him to file his amended complaint within thirty

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days. (ECF No. 28.)

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On June 8, 2017, Plaintiff filed a “Motion to Stay” (ECF No. 31) the action due to

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asserted inability to access legal materials and resources needed to prepare an

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amended complaint. However, while Plaintiff’s said motion was pending, he filed a

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second amended complaint on June 22, 2017, within the time allotted in the Court’s May

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22 Order. (ECF No. 32.)

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The filing of Plaintiff’s second amended complaint (ECF No. 32) demonstrates
that he does not require a stay to enable it to be filed. His motion is now moot.
Accordingly, Plaintiff’s motion to stay the action (ECF No. 31) is HEREBY
DENIED as moot.

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IT IS SO ORDERED.
Dated:

July 2, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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