McRae v. Dikran et al

Filing 77

ORDER DENYING 75 Plaintiff's Motion to Stay as Moot signed by Magistrate Judge Gary S. Austin on 8/21/2020. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL SCOTT McRAE,

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Plaintiff,
vs.

1:16-cv-01066-NONE-GSA-PC
ORDER DENYING PLAINTIFF’S MOTION
FOR STAY AS MOOT
(ECF No. 75.)

BAIRAMIAN DIKRAN, et al.,
Defendants.

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Michael Scott McRae (“Plaintiff”) is a former federal prisoner proceeding pro se and in

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forma pauperis with this civil rights action pursuant to Bivens vs. Six Unknown Agents, 403

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U.S. 388 (1971). This case now proceeds with Plaintiff’s Second Amended Complaint filed on

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March 9, 2018, against defendants Dr. Dikran Bairamian, Dr. Kevin Cuong Nguyen, and Dr.

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David Betz (collectively, “Defendants”), for inadequate medical care under the Eighth

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Amendment and state law claims for medical malpractice and medical battery. (ECF No. 14.)

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On July 27, 2020, Plaintiff filed a motion for stay of the proceedings in this action pending

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the resolution of Plaintiff’s interlocutory appeal in case no. 20-16330 at the Ninth Circuit Court

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of Appeals. (ECF No. 75.) Plaintiff’s motion for stay is moot because on August 18, 2020, the

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Ninth Circuit issued its formal mandate in case 20-16330, resolving Plaintiff’s interlocutory

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appeal. (ECF No. 76.)

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for stay, filed on July
27, 2020, is DENIED as moot.

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IT IS SO ORDERED.
Dated:

August 21, 2020

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE