Mazza v. Austin et al

Filing 61

ORDER signed by Magistrate Judge Allison Claire on 03/28/16 ordering the order to show cause filed 03/16/16 56 is discharged. Plaintiff shall, on or before 4/22/16, file and serve a statement identifying plaintiff's place of incarceration fo llowing the 4/13/15 state criminal proceeding currently pending against him; if the 4/13/16 hearing is continued, plaintiff shall so inform the court and defendants, and identify the new hearing date. All other matter in this action shall remain stayed until 5/02/16 or further order of this court. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRYAN MAZZA,

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Plaintiff,

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No. 2:14-cv-0874 GEB AC P

v.

ORDER

L. AUSTIN, et al.,

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Defendants.

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Plaintiff is a state prisoner temporarily detained in the Napa County Jail pending a state

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criminal proceeding against him that is currently scheduled for hearing on April 13, 2016. In

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response to this court’s order to show cause filed March 16, 2016, ECF No. 56, plaintiff promptly

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filed a statement that demonstrates good cause for a further stay of this action pending resolution

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of the state criminal proceeding, see ECF No. 60. Accordingly, the court’s order to show cause

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will be discharged.1 This action shall remain stayed until May 2, 2016, or further order of this

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court. Plaintiff shall file and serve a statement no later than April 22, 2016, informing the court

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and defendants of the resolution of the April 13, 2016 hearing, and whether plaintiff has been

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returned to state prison; if that hearing is continued, plaintiff shall so inform the court and identify

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the new hearing date.

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In light of the relatively short anticipated duration of the continued stay in this action,
defendants may, but need not, file and serve a responsive statement addressing the impact on
them of further delay (as previously ordered by the court, see ECF No. 56 at 3).
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Accordingly, IT IS HEREBY ORDERED that:

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1. The order to show cause filed March 16, 2016, ECF No. 56, is discharged.

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2. Plaintiff shall, on or before April 22, 2016, file and serve a statement identifying

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plaintiff’s place of incarceration following the April 13, 2015 state criminal proceeding currently

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pending against him; if the April 13, 2016 hearing is continued, plaintiff shall so inform the court

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and defendants, and identify the new hearing date.

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3. All other matters in this action shall remain stayed until May 2, 2016, or further order

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of this court.

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DATED: March 28, 2016

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