Michael Jacobsen v. Pool
ORDER DENYING Motion to Stay Proceedings 25 , signed by Magistrate Judge Barbara A. McAuliffe on 3/6/2018. (Hellings, J)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:16-cv-01760-BAM (PC)
ORDER DENYING MOTION TO STAY
(ECF No. 25)
Plaintiff Michael Jacobsen (“Plaintiff”) is a county detainee proceeding pro se and in
forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this
action on November 21, 2016. (ECF No. 1.) On September 5, 2017, Plaintiff filed a first
amended complaint, (ECF No. 16), and on October 5, 2017, Plaintiff lodged a second amended
complaint, (ECF No. 18). Plaintiff’s complaint has not yet been screened.
Currently before the Court is Plaintiff’s motion to postpone all proceedings and rulings
with request for extensions on any deadlines, including discovery schedule, filed on March 5,
2018. (ECF No. 25.) The Court construes the motion as a motion to stay the proceedings in this
In his motion, Plaintiff states that following the denial of his motion to appoint counsel, he
has had a friend contact several civil attorneys from Southern California on his behalf. Several
are interested in his case and have requested to meet with him in person upon his release.
Plaintiff states that he will be released from custody on March 11, and therefore he requests a stay
of 30 days, until April 11. Plaintiff hopes to find an attorney within the first couple of weeks
following his release, after which the attorney will be able to file a change of attorney and take
over his case. (Id.)
The district court “has broad discretion to stay proceedings as an incident to its power to
control its own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997) (citing Landis v. N. Amer.
Co., 299 U.S. 248, 254 (1936)). The party seeking the stay bears the burden of establishing the
need to stay the action. Clinton, 520 U.S. at 708.
Plaintiff has not met his burden of establishing the need to stay this action. The Court first
notes that this action is currently in the screening stage. As such, discovery has not yet opened,
and there are no pending deadlines at this time. The Court will screen Plaintiff’s amended
complaint in due course.
Plaintiff is further advised that once he is released, he should promptly inform the Court
of his new address, as required by the Local Rules, so that he does not miss any communications
pertaining to this matter. Should Plaintiff retain an attorney at any point during this action, his
attorney should promptly notify the Court.
Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for stay of proceedings
(ECF No. 25), is DENIED.
IT IS SO ORDERED.
March 6, 2018
UNITED STATES MAGISTRATE JUDGE
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