Michael Jacobsen v. Pool

Filing 26

ORDER DENYING Motion to Stay Proceedings 25 , signed by Magistrate Judge Barbara A. McAuliffe on 3/6/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL JACOBSEN,

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Plaintiff,

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Case No. 1:16-cv-01760-BAM (PC)
ORDER DENYING MOTION TO STAY
PROCEEDINGS

v.
(ECF No. 25)
POOL,

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Defendant.

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Plaintiff Michael Jacobsen (“Plaintiff”) is a county detainee proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this

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action on November 21, 2016. (ECF No. 1.) On September 5, 2017, Plaintiff filed a first

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amended complaint, (ECF No. 16), and on October 5, 2017, Plaintiff lodged a second amended

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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

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with request for extensions on any deadlines, including discovery schedule, filed on March 5,

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2018. (ECF No. 25.) The Court construes the motion as a motion to stay the proceedings in this

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matter.

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In his motion, Plaintiff states that following the denial of his motion to appoint counsel, he

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has had a friend contact several civil attorneys from Southern California on his behalf. Several

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are interested in his case and have requested to meet with him in person upon his release.
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Plaintiff states that he will be released from custody on March 11, and therefore he requests a stay

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of 30 days, until April 11. Plaintiff hopes to find an attorney within the first couple of weeks

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following his release, after which the attorney will be able to file a change of attorney and take

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over his case. (Id.)

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The district court “has broad discretion to stay proceedings as an incident to its power to

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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. The Court first

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notes that this action is currently in the screening stage. As such, discovery has not yet opened,

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and there are no pending deadlines at this time. The Court will screen Plaintiff’s amended

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complaint in due course.

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Plaintiff is further advised that once he is released, he should promptly inform the Court

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of his new address, as required by the Local Rules, so that he does not miss any communications

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pertaining to this matter. Should Plaintiff retain an attorney at any point during this action, his

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attorney should promptly notify the Court.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for stay of proceedings
(ECF No. 25), is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

March 6, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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