(PC) Washington v. Fresno County Sheriff, et al.
Filing
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ORDER DENYING 31 Motion for Stay and ORDER GRANTING Third Extension of Time to Submit Service Documents, signed by Magistrate Judge Jennifer L. Thurston on 9/10/2020. (Service Documents due by 12/21/2020) (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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PERRY WASHINGTON,
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Plaintiff,
v.
FRESNO COUNTY SHERIFF, et al.,
Case No. 1:19-cv-00478-AWI-JLT (PC)
ORDER DENYING STAY AND GRANTING
THIRD EXTENSION OF TIME TO SUBMIT
SERVICE DOCUMENTS
(Doc. 31)
Defendants.
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On June 28, 2020, the Court issued an order directing Plaintiff to complete “service
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documents” and to return them to the court. (Doc. 25.) On July 21, 2020, the Court granted
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Plaintiff an extension of time to submit the documents. (Doc. 28.) On August 5, 2020, the Court
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granted Plaintiff a second extension of time. (Doc. 30)
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On September 4, 2020, Plaintiff filed a motion requesting a one-year “continu[ance]” of
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his case. (Doc. 31.) The Court construes Plaintiff’s request as a motion for a one-year stay of this
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action. Plaintiff states, “I have issues related to COVID [and] release from prison like housing
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[and] self care [sic] that I need to address b[efore] my … case. I need more time to get a
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representative.” (Id.)
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“A district court has discretionary power to stay proceedings in its own court.” Lockyer v.
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Mirant Corp., 398 F.3d 1098, 1109 (9th Cir. 2005) (citation omitted). When reviewing stay
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orders, the Ninth Circuit Court of Appeals “balance[s] the length of the stay against the strength
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of the justification given for it…. If a stay is especially long or its term is indefinite, … a greater
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showing [is required] to justify it.” Yong v. I.N.S., 208 F.3d 1116, 1119 (9th Cir. 2000) (citations
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omitted).
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Currently, no defendants have appeared in this case, and the only impending deadline is
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September 21, 2020, when Plaintiff must complete and return the abovementioned service
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documents. (Doc. 30.) The Court finds good cause to grant Plaintiff a continuance of 90 days to
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manage his health and post-incarceration affairs, and to search for legal counsel.
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The Court, however, does not find adequate justification to stay this action for one year.
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Plaintiff does not explain how the “issues” related to COVID-19 or release from jail require one
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year to resolve. For example, Plaintiff does not state that he is experiencing ongoing COVID-19-
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related symptoms or that any health problems are preventing him from pursuing this case.
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Additionally, Plaintiff does not explain why he needs one year to search for an attorney.
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Accordingly, the Court ORDERS:
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1. Plaintiff’s request for a one-year stay of this action is DENIED; and,
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2. Plaintiff is GRANTED a third extension of time to comply with the Court’s June
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28, 2020 order (Doc. 25). Plaintiff SHALL complete and return the service
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documents attached to that order by December 21, 2020.
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If Plaintiff no longer wishes to pursue this action, he may file a notice of voluntary dismissal.
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Failure to comply with this order will result in a recommendation that this action be
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dismissed for failure to prosecute.
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IT IS SO ORDERED.
Dated:
September 10, 2020
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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