(HC) Papazian v. B.M. Trate

Filing 36

ORDER DENYING 35 Motion to Stay; ORDER GRANTING Extension of Time, signed by Magistrate Judge Helena M. Barch-Kuchta on March 6, 2025. Petitioner's Motion to Stay (Doc. No. 35 ) is DENIED, as unnecessary. Petitioner shall deliver a response to Respondent's Motion to dismiss to correctional officials for mailing no later than May 21, 2025. (Deputy Clerk OFR)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JAMES MICHAEL PAPAZIAN,

12

Petitioner,
ORDER DENYING MOTION TO STAY

13

v.

14

B.M. TRATE,

15

1:24-cv-00392-HBK (HC)

(Doc. No. 35)
ORDER GRANTING EXTENSION OF TIME
Respondent.

16
17
18
19

Petitioner, a federal prisoner proceeding pro se and in forma pauperis in this habeas

20

corpus action under 28 U.S.C. § 2241 filed a motion to stay the proceedings on February 24,

21

2025. (Doc. No. 35). Petitioner requests request that his case be stayed for ninety days because

22

he is being moved to a different penitentiary and he estimates it will take a “month or two” for his

23

property to be delivered after his arrival. (Id.).

24

Petitioner filed his Second Amended Petition on November 25, 2025. (Doc. No. 29).

25

Respondent filed a Motion to Dismiss on February 18, 2025. (Doc. No. 33, “Motion’). On

26

February 21, 2025, Petitioner was granted an extension of time to April 4, 2025 to file a response

27

to the Motion. (Doc. No. 34). In the instant motion, Petitioner seeks to stay the case for 90 days.

28

(Doc. No. 35). However, Petitioner fails to assert any legally cognizable basis to necessitate
1

1

staying this case. Instead, for good cause shown, the Court will grant Respondent a further

2

extension of time to respond to Respondent’s Motion to Dismiss. Fed. R. Civ. P. 6(b)(1)(A); See

3

Boag v. MacDougall, 454 U.S. 364, 365 (1982) (instructing federal courts to liberally construe

4

the “inartful pleading[s] of pro se litigants.”).

5

Accordingly, it is ORDERED:

6

1. Petitioner’s Motion to Stay (Doc. No. 35) is DENIED, as unnecessary.

7

2. Petitioner shall deliver a response to Respondent’s Motion to dismiss to correctional
officials for mailing no later than May 21, 2025.

8
9
10
11

Dated:

March 6, 2025
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2