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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS CLINTON, 12 Plaintiff, 13 14 No. 2:05-cv-1600-LKK-CMK-P vs. ORDER CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., 15 Defendants. 16 / 17 Plaintiff, a former state prisoner proceeding pro se, brings this civil rights action 18 pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for a stay of these 19 proceedings (Doc. 540). 20 Plaintiff is requesting this case be put on hold until the California Supreme Court 21 decides a petition for writ of habeas corpus he is going to file. The undersigned finds no reason 22 to stay these proceedings. The filing of a writ of habeas corpus, by definition, is a challenge to a 23 conviction. Such a challenge would have no impact on this case, which challenges the treatment 24 plaintiff received while in custody. Thus, there is no basis on which to grant plaintiff’s request. 25 /// 26 /// 1 1 2 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for a stay of these proceedings (Doc. 540) is denied. 3 4 5 6 DATED: March 21, 2014 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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