Cooper v. Jones

Filing 41

ORDER signed by District Judge Kimberly J. Mueller on 08/09/17 ORDERING that the unopposed 40 Motion is GRANTED; the stay is LIFTED and the case is referred back to the assigned magistrate judge for further proceedings. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY COOPER,

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No. 2:14-cv-0453 KJM AC P

Plaintiff,
v.

ORDER

K. JONES,
Defendant.

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Plaintiff, a state prisoner proceeding pro se, filed this civil rights action under

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42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge. See 28 U.S.C.

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§ 636(b)(1)(B); E.D. Cal. L.R. 302. On March 13, 2017, the court adopted the Magistrate Judge’s

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recommendation to stay the action pending final resolution of plaintiff's related state court case,

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Sacramento County Superior Court Case No. 34-2011-00111910. Order, ECF No. 39 (adopting

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Findings and Recommendations, ECF No. 38). Plaintiff was ordered to notify the court when the

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state court proceedings concluded and to file a statement addressing whether this federal action

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should proceed or be dismissed. ECF No. 39 at 2. Defendant was ordered to respond to

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plaintiff’s filing within 21 days. Id.

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On April 26, 2017, plaintiff notified the court that the state court case had

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concluded and simultaneously moved to lift the stay of this federal case. ECF No. 40. Defendant

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filed no opposition and the time to do so has lapsed.
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Accordingly, the court GRANTS as unopposed plaintiff’s motion and lifts the STAY of

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this case. The case is referred back to the assigned magistrate judge for further proceedings

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consistent with the local rules.

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IT IS SO ORDERED.

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This resolves ECF No. 40.

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DATED: August 9, 2017

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UNITED STATES DISTRICT JUDGE

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