Chan v. County of Sacramento et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
COUNTY OF SACRAMENTO, et al.,
No. CIV S-09-2006 MCE GGH P
FINDINGS & RECOMMENDATIONS
Plaintiff is a prisoner proceeding pro se and in forma pauperis with a civil rights
action pursuant to 42 U.S.C. § 1983. On February 3, 2012, plaintiff filed an interlocutory appeal
concerning the denial of his motion for injunctive relief. A dispositive motion deadline had been
set for January 26, 2012, and defendants have moved to vacate that date until the appeal has been
resolved. Because the merits of the appeal duplicate, for the most part, the merits of the case, at
least with respect to the dental claim, the undersigned will recommend that this action be stayed
and administratively closed pending the appeal. The parties shall notify the court within 14 days
of the appeal being resolved.
Accordingly, IT IS HEREBY RECOMMENDED that this action be stayed and
this case administratively closed. The parties shall notify the court within 14 days of the appeal
These findings and recommendations are submitted to the United States District
Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen
days after being served with these findings and recommendations, any party may file written
objections with the court and serve a copy on all parties. Such a document should be captioned
“Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections
shall be served and filed within seven days after service of the objections. The parties are
advised that failure to file objections within the specified time may waive the right to appeal the
District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
DATED: February 8, 2012
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
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