Clinton v. California Department of Corrections et al
Filing
541
ORDER signed by Magistrate Judge Craig M. Kellison on 3/21/2014 DENYING plaintiff's 540 motion for a stay of these proceedings. (Yin, K)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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THOMAS CLINTON,
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Plaintiff,
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No. 2:05-cv-1600-LKK-CMK-P
vs.
ORDER
CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
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Defendants.
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Plaintiff, a former state prisoner proceeding pro se, brings this civil rights action
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pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for a stay of these
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proceedings (Doc. 540).
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Plaintiff is requesting this case be put on hold until the California Supreme Court
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decides a petition for writ of habeas corpus he is going to file. The undersigned finds no reason
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to stay these proceedings. The filing of a writ of habeas corpus, by definition, is a challenge to a
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conviction. Such a challenge would have no impact on this case, which challenges the treatment
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plaintiff received while in custody. Thus, there is no basis on which to grant plaintiff’s request.
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///
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for a stay of
these proceedings (Doc. 540) is denied.
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DATED: March 21, 2014
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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