Gradford v. McDougall et al

Filing 11

ORDER DENYING 10 Motion for Stay of All Proceedings, signed by Magistrate Judge Gary S. Austin on 6/28/17. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM J. GRADFORD,
Plaintiff,

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v.

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1:17-cv-00201-DAD-GSA-PC
ORDER DENYING MOTION FOR STAY OF
ALL PROCEEDINGS
(ECF No. 10.)

MCDOUGALL, et al.,

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Defendants.

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I.

BACKGROUND

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William J. Gradford (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this case on February

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13, 2017. (ECF No. 1.) Plaintiff is currently detained at the Stanislaus County Public Safety

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Center in Modesto, California (SCPSC). On June 23, 2017, Plaintiff filed a motion for stay.

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(ECF No. 10.)

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II.

MOTION TO STAY

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Plaintiff requests the court to stay all of the proceedings in this action for six months, to

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seek an attorney and to await the results of an internal investigation being conducted at SCPSC

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against one of the Sheriff’s deputies for acts against Plaintiff.

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The Court does not lightly stay litigation, due to the possibility of prejudice to

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defendants. There are currently no pending court deadlines in this action, and the Complaint
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awaits the court’s requisite screening under 28 U.S.C. § 1915A. A stay of the entire action is

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not Plaintiff’s only remedy. If Plaintiff requires additional time to respond to any deadline that

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may arise in this action, he should file a motion for extension of time before the deadline

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expires. The court routinely grants extensions of time when good cause is shown. Based on

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the foregoing, Plaintiff’s motion to stay this action shall be denied.

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III.

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CONCLUSION
Accordingly, IT IS HEREBY ORDERED that Plaintiff's motion to stay this action, filed

on June 23, 2017, is DENIED.

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IT IS SO ORDERED.
Dated:

June 28, 2017

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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