Giles v. Felker et al.

Filing 10

ORDER signed by Magistrate Judge Kendall J. Newman on 10/13/2016 GRANTING plaintiff's 9 request for stay; within 21 days from the date plaintiff receives a decision from the Ninth Circuit, plaintiff shall file a notice of resolution of appeal; and the Clerk shall administratively terminate this action. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DWAYNE GILES,

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No. 2:16-cv-0923 KJN P

Plaintiff,
v.

ORDER

TOM FELKER, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding pro se. On May 12, 2016, plaintiff’s complaint

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was dismissed as barred by the statute of limitations. However, on June 13, 2016, plaintiff filed

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an amended complaint, and asks the court to toll the statute of limitations during the pendency of

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his prior action. (ECF No. 9.) Plaintiff claims that his prior civil rights case was dismissed

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without prejudice on March 25, 2016, based on plaintiff’s failure to exhaust his administrative

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remedies prior to filing suit. Giles v. Felker, No. 2:11-cv-1825 WBS EFB (E.D. Cal.). Plaintiff

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filed an appeal, which is presently pending in the Ninth Circuit. Giles v. Felker, No. 16-15683

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(9th Cir.). Plaintiff asks the court to stay the instant action pending resolution of such appeal.

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Good cause appearing, plaintiff’s request is granted. Plaintiff shall file a notice of

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resolution of appeal within twenty-one days from the date he receives a decision from the Ninth

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Circuit in Case No. 16-15683.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for stay (ECF No. 9) is granted;

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2. Within twenty-one days from the date plaintiff receives a decision from the Ninth

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Circuit, plaintiff shall file a notice of resolution of appeal; and
3. The Clerk of the Court is directed to administratively terminate this action.
Dated: October 13, 2016

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/gile0923.sty

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