Seefeldt v. CA Department of Corrections & Rehabilitation, et al.,

Filing 99

ORDER signed by Magistrate Judge John F. Moulds on 12/22/09 GRANTING 95 Motion to Stay. This action is stayed until further order of court; this action shall not proceed further unless and until plaintiff files a motion to lift the stay put in place by this order; Clerk of the Court is directed to administratively close this action.(Dillon, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Defendants. / Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On December 3, 2009, plaintiff filed a motion to stay this action for a period of six months pending his recovery from neurosurgery to remove a tumor. By order filed December 9, 2009, defendants were directed to respond to plaintiff's motion. All defendants have filed statements of non-opposition to the motion. Good cause appearing, IT IS HEREBY ORDERED that: 1. Plaintiff's December 3, 2009 motion to stay is granted; 2. This action is stayed until further order of court; 3. This action shall not proceed further unless and until plaintiff files a motion to lift the stay put in place by this order; ///// 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA BRIAN S. SEEFELDT, Plaintiff, No. 2:08-cv-0232-GEB-JFM (PC)

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4. If plaintiff does not file a motion to lift the stay within twelve months from the date of this order, any defendant may file a motion for dismissal pursuant to Fed. R. Civ. P. 41; and 5. The Clerk of the Court is directed to administratively close this action. DATED: December 22, 2009.

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