Barker v. Yassine

Filing 35

ORDER signed by Magistrate Judge Gregory G. Hollows on 09/08/11 ORDERING that plf's 34 Motion to Stay is DENIED. Plaintiff must file an opposition w/i 14 days; failure to file an opposition will result in a recommendation that those claims be dismissed. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM BARKER,
Plaintiff,

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No. CIV S-11-0246 LKK GGH P

Defendant.

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ORDER

vs.
R. YASSINE,

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Plaintiff, a state prisoner proceeding pro se, proceeds with a civil rights action.

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On July 27, 2011, defendant filed a motion to dismiss certain claims from this action. Plaintiff

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has not responded to the motion to dismiss. Instead plaintiff has filed a motion to stay (Doc. 34).

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Plaintiff seeks to stay the motion to dismiss and his deposition as the district judge

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assigned to this case is currently reconsidering the undersigned’s denial of plaintiff’s motion to

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appoint counsel. Docs. 24, 30. However, the issues in this case are not complicated—plaintiff

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alleges an incident of excessive force which do not involve the need for expert testimony. And

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despite plaintiff’s description of his inability to proceed with this lawsuit, the organization and

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structure of the complaint say otherwise.

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It does not appear that plaintiff will be appointed counsel and if counsel is
appointed, plaintiff can file an amended opposition to the motion to dismiss. Therefore,
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plaintiff’s motion to stay is denied. Plaintiff must file an opposition to the motion to dismiss

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within 14 days of service of this order. Failure to file an opposition will result in a

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recommendation that those claims be dismissed.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to stay (Doc. 34)

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is denied. Plaintiff must file an opposition within 14 days of service of this order. Failure to file

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an opposition will result in a recommendation that those claims be dismissed.

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DATED: September 8, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH: AB
bark0246.ord2

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