Wheeler v. Hodges

Filing 29

ORDER signed by Magistrate Judge Kendall J. Newman on 06/18/15 ordering the 03/11/15 stay is lifted. Within 30 days from the date of this order, defendants shall file a responsive pleading. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REGINALD WHEELER,

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Plaintiff,

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No. 2:13-cv-2526 MCE KJN P

v.

ORDER

M. HODGES, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding pro se, with a civil rights action pursuant to 42

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U.S.C. § 1983, in which plaintiff challenges a January 23, 2012 prison disciplinary for the

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violation of “Introduction of Dangerous Contraband to a State Prison -- Possession of a Cell

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Phone.” (ECF No. 10 at 21.) On March 11, 2015, this action was stayed pending resolution of

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the question of jurisdiction in Wheeler v. Price, Case No. 2:14-cv-0521 MCE KJN P.
In light of Nettles v. Grounds, 2015 WL 3406160 (9th Cir. May 28, 2015), plaintiff is

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unable to pursue his claim in a habeas action pursuant to 28 U.S.C. § 2254. Thus, the stay should

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be lifted and plaintiff should pursue his claim in this action. The record reflects that defendants

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signed waivers of service of process on August 7, 2014 (ECF No. 21), and appeared in this action

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on September 8, 2014, by filing their motion for stay. Thus, defendants are directed to file a

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responsive pleading.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The March 11, 2015 stay is lifted; and

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2. Within thirty days from the date of this order, defendants shall file a responsive

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pleading.

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Dated: June 18, 2015

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/whee2526.ans

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