Scherffius v. Smith et al

Filing 61

ORDER signed by District Judge Garland E. Burrell, Jr on 3/15/2018 ADOPTING 60 Findings and Recommendations in full and GRANTING 57 Motion for Continuance of the Stay. The stay of these proceedings set out in the courts 10/18/2017 order is CONTINUED and this case remains administratively closed. Plaintiff shall notify the court within 120 days about the status of his health and whether the stay should remain in place. (Hunt, G)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MICHAEL E. SCHERFFIUS,

12

Plaintiff,

13
14

No. 2:13-cv-1277 GEB DB P

v.

ORDER

CHRISTOPHER SMITH, et al.,

15

Defendants.

16
17

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief

18

under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to

19

28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On February 15, 2018, the magistrate judge filed findings and recommendations herein

20
21

which were served on all parties and which contained notice to all parties that any objections to

22

the findings and recommendations were to be filed within fourteen days. Neither party has filed

23

objections to the findings and recommendations.
The court has reviewed the file and finds the findings and recommendations to be

24
25

supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

26

ORDERED that:
1. The findings and recommendations filed February 15, 2018 (ECF No. 60) are adopted

27
28

in full;
1

1

2. Plaintiff’s motion for continuance of the stay (ECF No. 57) is granted;

2

3. The stay of these proceedings set out in the court’s October 18, 2017 order is continued

3
4

and this case remains administratively closed; and
4. Plaintiff shall notify the court within 120 days about the status of his health and

5

whether the stay should remain in place.

6

Dated: March 15, 2018

7
8
9
10
11
12
13
14
15
16

DLB:9
Sche1277.801(2)

17
18
19
20
21
22
23
24
25
26
27
28
2