Chan v. County of Sacramento et al

Filing 113

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 2/8/2012 RECOMMENDING that this action be stayed and this case administratively closed; and the parties to notify the court within 14 days of the appeal being resolved. Referred to Judge Morrison C. England, Jr.; Objections due within 14 days. (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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MADY CHAN,

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Plaintiff,
vs.
COUNTY OF SACRAMENTO, et al.,
Defendants.

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No. CIV S-09-2006 MCE GGH P

FINDINGS & RECOMMENDATIONS
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Plaintiff is a prisoner proceeding pro se and in forma pauperis with a civil rights

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action pursuant to 42 U.S.C. § 1983. On February 3, 2012, plaintiff filed an interlocutory appeal

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concerning the denial of his motion for injunctive relief. A dispositive motion deadline had been

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set for January 26, 2012, and defendants have moved to vacate that date until the appeal has been

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resolved. Because the merits of the appeal duplicate, for the most part, the merits of the case, at

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least with respect to the dental claim, the undersigned will recommend that this action be stayed

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and administratively closed pending the appeal. The parties shall notify the court within 14 days

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of the appeal being resolved.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be stayed and

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this case administratively closed. The parties shall notify the court within 14 days of the appeal

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being resolved.
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These findings and recommendations are submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen

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days after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections

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shall be served and filed within seven days after service of the objections. The parties are

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advised that failure to file objections within the specified time may waive the right to appeal the

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District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: February 8, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH: AB
chan2006.ord13

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