Garcia v. CDCR et al
Filing
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ORDER signed by Magistrate Judge Craig M. Kellison on 5/1/2017 DENYING 24 Motion to Stay. (Henshaw, R)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DANNY RAY GARCIA,
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Plaintiff,
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No. 2:14-CV-0093-CMK-P
vs.
ORDER
TSENG,
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Defendant.
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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to
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42 U.S.C. § 1983. Pending before the court is plaintiff’s motion (Doc. 24) entitled “Motion to
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Request a Stay.” Plaintiff requests a stay of proceedings pending an anticipated upcoming
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transfer to another prison which, according to plaintiff, may cause him to be separated from his
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legal materials for several weeks. Plaintiff has not shown good cause for a stay of proceedings.
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Specifically, because there is no evidence that plaintiff has actually been transferred or that, if he
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is transferred, he will be separated from his legal materials for any extended period of time,
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plaintiff’s motion is speculative. To the extent plaintiff requires additional time to comply with
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any upcoming deadlines, plaintiff may seek an extension of time as to a specific deadline.
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///
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for a stay (Doc.
24) is denied.
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DATED: May 1, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
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