Gradford v. Stanislaus County Sheriffs Department et al

Filing 17

ORDER Denying 16 Motion for Stay of All Proceedings, signed by Magistrate Judge Gary S. Austin on 6/28/17. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM J. GRADFORD, Plaintiff, 12 v. 13 14 1:17-cv-00414-AWI-GSA-PC ORDER DENYING MOTION FOR STAY OF ALL PROCEEDINGS (ECF No. 16.) MCDOUGALL, et al., 15 Defendants. 16 17 I. BACKGROUND 18 William J. Gradford (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis 19 with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this case on March 22, 20 2017. (ECF No. 1.) Plaintiff is currently detained at the Stanislaus County Public Safety 21 Center in Modesto, California (SCPSC). On June 23, 2017, Plaintiff filed a motion for stay. 22 (ECF No. 16.) 23 II. MOTION TO STAY 24 Plaintiff requests the court to stay all of the proceedings in this action for six months, to 25 seek an attorney and to await the results of an internal investigation being conducted at SCPSC 26 against one of the Sheriff’s deputies for acts against Plaintiff. 27 The court does not lightly stay litigation, due to the possibility of prejudice to 28 defendants. There are currently no pending court deadlines in this action, and the complaint 1 1 awaits the court’s requisite screening under 28 U.S.C. § 1915A. A stay of the entire action is 2 not Plaintiff’s only remedy. If Plaintiff requires additional time to respond to any deadline that 3 may arise in this action, he should file a motion for extension of time before the deadline 4 expires. The court routinely grants extensions of time when good cause is shown. Based on 5 the foregoing, Plaintiff’s motion to stay this action shall be denied. 6 III. 7 8 CONCLUSION Accordingly, IT IS HEREBY ORDERED that Plaintiff's motion to stay this action, filed on June 23, 2017, is DENIED. 9 10 11 12 IT IS SO ORDERED. Dated: June 28, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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