Williams v. Felker et al

Filing 34

ORDER signed by Senior Judge Lawrence K. Karlton on 2/10/09 ORDERING that Plaintiff's 1/15/09 MOTION to STAY 31 is DENIED. Plaintiff's 1/15/09 MOTION for an Extension of time to file an amended complaint 29 is GRANTED; Plaintiff's Amended Complaint is due within thirty days of the date of this order. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA KIRK DOUGLAS WILLIAMS, Plaintiff, vs. T. FELKER, et al., Defendants. / On January 15, 2009, plaintiff filed an interlocutory appeal of the magistrate judge's November 19, 2008, order dismissing his complaint with leave to amend and this court's December 27, 2008, order denying plaintiff's request for reconsideration of the November 19, 2008, order. Pending before the court is plaintiff's January 15, 2009, motion to hold this action in abeyance pending resolution of his interlocutory appeal. After reviewing the record, this court finds that a stay is not warranted. 28 U.S.C. § 1292(b). Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's January 15, 2009, motion for a stay (no. 31) is denied; ORDER No. CIV S-08-0878 LKK GGH P

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2. Plaintiff's January 15, 2009, motion for an extension of time to file an amended complaint (no. 29) is granted; plaintiff's amended complaint is due within thirty days of the date of this order. DATED: February 10, 2009.

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