Mosley v. Stewart

Filing 35

ORDER DIRECTING Defendant to SUBMIT Report of Status; Ten-Day Deadline signed by Magistrate Judge Jennifer L. Thurston on 9/14/2020. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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QUINCY MOSLEY,
Plaintiff,

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v.
S. STEWART,

CASE NO. 1:17-cv-00852-DAD JLT (PC)
ORDER DIRECTING DEFENDANT TO
SUBMIT REPORT OF STATUS
TEN-DAY DEADLINE

Defendant.

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Plaintiff proceeds in this action on an Eighth Amendment excessive force claim against

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Correctional Officers Stewart, Castillo, and Ventura. He claims these officers attacked him without

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provocation at Kern Valley State Prison. Following this incident, plaintiff was charged in Kern

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County Superior Court, People v. Mosley, Case No. DF012442A, with violating California Penal

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Code § 4501.5, criminal battery on a non-confined person, for attacking defendant Stewart. This

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action was thus stayed pending resolution of the state trial proceedings. Younger v. Harris, 401

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U.S. 37 (1971). The Court ORDERS Defendants to submit a report within ten days from the date

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of this order regarding the status of the criminal case.

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IT IS SO ORDERED.
Dated:

September 14, 2020

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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