Kandi v. Management and Training Corporation et al

Filing 34

ORDER DENYING 33 Motion to Continue Proceedings and MOOT signed by Magistrate Judge Barbara A. McAuliffe on 12/8/2017. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EMIEL A. KANDI, 12 Plaintiff, 13 14 15 ORDER DENYING MOTION TO CONTINUE PROCEEDINGS AS MOOT v. (ECF No. 33) MANAGEMENT AND TRAINING CORPORATION, et al., Defendants. 16 Plaintiff Emiel A. Kandi (“Plaintiff”) is a federal prisoner proceeding pro se and in forma 17 18 Case No. 1:16-cv-00794-AWI-BAM (PC) pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.1 On November 30, 2017, Plaintiff filed a motion to stay all proceedings in this matter due 19 20 to an impending institutional transfer to an unknown location. (ECF No. 31.) Plaintiff did not 21 specify when the transfer would take place, but requested that the Court stay any further 22 proceedings until notified by Plaintiff of his new address. (Id.) On December 1, 2017, the Court 23 issued an order denying the motion, as Plaintiff had not met his burden of establishing the need to 24 stay this action. (ECF No. 32.) On December 7, 2017, Plaintiff filed a notice of change of address and the instant motion 25 26 27 28 1 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). 1 1 to continue proceedings. (ECF No. 33.) Plaintiff states that he is no longer in transit and is now 2 capable of continuing. (Id.) 3 4 5 6 As Plaintiff’s motion to stay this action was denied, there is no need to continue the proceedings. Plaintiff’s second amended complaint will be screened in due course. Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to continue proceedings (ECF No. 32), is DENIED as moot. 7 8 9 IT IS SO ORDERED. Dated: /s/ Barbara December 8, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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