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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MADY CHAN, 11 12 13 14 Plaintiff, vs. COUNTY OF SACRAMENTO, et al., Defendants. 15 16 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 17 action pursuant to 42 U.S.C. § 1983. On February 3, 2012, plaintiff filed an interlocutory appeal 18 concerning the denial of his motion for injunctive relief. A dispositive motion deadline had been 19 set for January 26, 2012, and defendants have moved to vacate that date until the appeal has been 20 resolved. Because the merits of the appeal duplicate, for the most part, the merits of the case, at 21 least with respect to the dental claim, the undersigned will recommend that this action be stayed 22 and administratively closed pending the appeal. The parties shall notify the court within 14 days 23 of the appeal being resolved. 24 Accordingly, IT IS HEREBY RECOMMENDED that this action be stayed and 25 this case administratively closed. The parties shall notify the court within 14 days of the appeal 26 being resolved. 1 1 These findings and recommendations are submitted to the United States District 2 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 3 days after being served with these findings and recommendations, any party may file written 4 objections with the court and serve a copy on all parties. Such a document should be captioned 5 “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections 6 shall be served and filed within seven days after service of the objections. The parties are 7 advised that failure to file objections within the specified time may waive the right to appeal the 8 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 9 DATED: February 8, 2012 10 11 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE GGH: AB chan2006.ord13 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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