Gradford v. Mejia et al

Filing 9

ORDER DENYING Plaintiff's Motion to Stay Case for Six Months 8 , signed by Magistrate Judge Stanley A. Boone on 6/27/17. (Hellings, J)

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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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DEPUTY MEJIA, et al.,
Defendants.

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Case No. 1:17-cv-00528-AWI-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION TO
STAY CASE FOR SIX MONTHS
(ECF No. 8)

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Plaintiff William J. Gradford is a detainee appearing pro se and in forma pauperis in this civil

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rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On June 23, 2017, Plaintiff filed a motion request a six month “leave of absence” from this

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litigation. Plaintiff states that there is an investigation into a deputy’s wrongful actions against him,

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and he requires time to obtain counsel to “prove my complete truthfulness” in this action. The Court

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construes this motion as a motion to stay this action.
“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. Am. Co., 299

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U.S. 248, 254 (1936)). In determining whether to grant a motion to stay, “the competing interests

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which will be affected by the granting or refusal to grant a stay must be weighed.” Lockyer v. Mirant

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Corp., 398 F.3d 1098, 1110 (9th Cir. 2005).

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Although Plaintiff may prefer to prosecute this action with the assistance of counsel, he has not

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shown any reason why he is unable to litigate his case at this time. This case concerns limited

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allegations of two incidents of a detention center’s staff opening and reading Plaintiff’s mail from the

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Clerk of the Court, without his permission. Plaintiff has not shown that any further investigation is

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necessary, or that any delay in this ligation is warranted here. Thus, the Court declines to enter a stay

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of these proceedings.
Accordingly, it is HEREBY ORDERED that Plaintiff’s motion to stay, filed June 23, 2017

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(ECF No. 8), is denied.

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IT IS SO ORDERED.

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Dated:

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June 27, 2017
UNITED STATES MAGISTRATE JUDGE

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