Hubbard v. Hougland et al

Filing 70

ORDER denying 68 Pltf's Motion to Stay, signed by Magistrate Judge Gregory G. Hollows on 7/30/10. (Kastilahn, A)

(PC) Hubbard v. Hougland et al

Doc. 70

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. C.D. HOUGLAND, et al., Defendants. / Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. On June 14, 2010, the undersigned issued findings and recommendations that defendants' motion to dismiss for failure to exhaust administrative remedies be granted and this case dismissed. On July 12, 2010, plaintiff filed objections to the findings and recommendations. Presently pending is plaintiff's July 19, 2010, motion for a stay so he can seek out more evidence, apparently to file additional objections in the future. Plaintiff filed an opposition to the motion to dismiss and objections to the findings and recommendation. The motion to dismiss cannot stay pending indefinitely as plaintiff seeks out new evidence to make new arguments. Plaintiff has had ample opportunity to respond to the motion to dismiss which he has utilized. Therefore, plaintiff's motion is denied. \\\\\ 1
Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DARRYL HUBBARD, Plaintiff, No. CIV S-09-0939 JAM GGH P

ORDER

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Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for a stay (Doc. 68) be denied. DATED: July 30, 2010 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE

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