Thomas v. Matevousian, et al.

Filing 14

ORDER DENYING 13 Motion to Stay, signed by Magistrate Judge Gary S. Austin on 05/7/18. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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REGINALD R. THOMAS,

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Plaintiff,

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ORDER DENYING MOTION FOR STAY
(ECF No. 13.)

v.

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1:17-cv-01592-AWI-GSA-PC

MATEVOUSIAN, et al.,

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Defendants.

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Reginald R. Thomas (“Plaintiff”) is a federal prisoner proceeding pro se and in forma

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pauperis with this civil rights action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388

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(1971). The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. §

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636(b)(1)(B) and Local Rule 302.

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On March 19, 2018, findings and recommendations were entered, recommending that

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Plaintiff’s motion for preliminary injunction be denied. (ECF No. 9.) On May 4, 2018,

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Plaintiff filed a motion for a stay of the final ruling on Plaintiff’s motion for preliminary

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injunction, until after Plaintiff’s First Amended Complaint has been screened.

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This court does not lightly stay litigation, and in this case it would be futile to stay the

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court’s ruling on the motion for preliminary injunction. Screening of the First Amended

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Complaint will not affect the court’s jurisdiction to grant the injunctive relief requested by
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Plaintiff, which is to require prison officials to provide him with paper, postage, and copies to

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prosecute this case. Therefore, Plaintiff’s motion for stay shall be denied.

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Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for stay, filed on May
4, 2018, is DENIED.

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IT IS SO ORDERED.
Dated:

May 7, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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