Garcia v. CDCR et al

Filing 27

ORDER signed by Magistrate Judge Craig M. Kellison on 5/1/2017 DENYING 24 Motion to Stay. (Henshaw, R)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DANNY RAY GARCIA,

12

Plaintiff,

13
14

No. 2:14-CV-0093-CMK-P

vs.

ORDER

TSENG,

15

Defendant.

16

/

17

Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

18

42 U.S.C. § 1983. Pending before the court is plaintiff’s motion (Doc. 24) entitled “Motion to

19

Request a Stay.” Plaintiff requests a stay of proceedings pending an anticipated upcoming

20

transfer to another prison which, according to plaintiff, may cause him to be separated from his

21

legal materials for several weeks. Plaintiff has not shown good cause for a stay of proceedings.

22

Specifically, because there is no evidence that plaintiff has actually been transferred or that, if he

23

is transferred, he will be separated from his legal materials for any extended period of time,

24

plaintiff’s motion is speculative. To the extent plaintiff requires additional time to comply with

25

any upcoming deadlines, plaintiff may seek an extension of time as to a specific deadline.

26

///
1

1
2

Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for a stay (Doc.
24) is denied.

3
4
5
6

DATED: May 1, 2017
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2