Kandi v. Management and Training Corporation et al
Filing
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ORDER DENYING 31 Motion for Stay of Proceedings signed by Magistrate Judge Barbara A. McAuliffe on 12/1/2017. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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EMIEL A. KANDI,
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Plaintiff,
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ORDER DENYING MOTION FOR STAY OF
PROCEEDINGS
v.
(ECF No. 31)
MANAGEMENT AND TRAINING
CORPORATION, et al.,
Defendants.
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Plaintiff Emiel A. Kandi (“Plaintiff”) is a federal prisoner proceeding pro se and in forma
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Case No. 1:16-cv-00794-AWI-BAM (PC)
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.1
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On November 30, 2017, Plaintiff filed a motion to stay all proceedings in this matter due
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to an impending institutional transfer to an unknown location. (ECF No. 31.) Plaintiff does not
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specify when this transfer will take place, but requests that the Court stay any further proceedings
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until notified by Plaintiff of his new address. Plaintiff further requests that the Clerk of the Court
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hold all mailing to him until notified of Plaintiff’s new address, and states that all of his legal files
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and materials have been packed for transport and are unavailable. (Id.)
The district court “has broad discretion to stay proceedings as an incident to its power to
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Plaintiff’s second amended complaint has not yet been screened, but the Court takes judicial
notice that Plaintiff has filed his complaint in part under 42 U.S.C. § 1983. Generally, suits
against federal officers for the violation of constitutional rights should be filed under Bivens v.
Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971).
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control its own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997) (citing Landis v. N. Amer.
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Co., 299 U.S. 248, 254 (1936)). The party seeking the stay bears the burden of establishing the
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need to stay the action. Clinton, 520 U.S. at 708.
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Plaintiff has not met his burden of establishing the need to stay this action. Plaintiff
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appears to be concerned about missing mail from the Court related to this case while he is in
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transit, but he has not provided any indication of the extent of the requested stay, including his
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anticipated dates of transport. This action is currently in the screening stage, and the Court will
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screen Plaintiff’s second amended complaint in due course. Nevertheless, Plaintiff should
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promptly inform the Court of his new address, as required by the Local Rules, so that he does not
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miss any communications pertaining to this matter. Plaintiff is further informed that he has
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nothing due at this time.
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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for stay of proceedings
(ECF No. 31), is DENIED.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
December 1, 2017
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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