Velasquez v. Robustelli

Filing 49

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/05/17 DENYING 48 plaintiff's request for a stay. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DENICIO VELASQUEZ,

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No. 2:16-cv-1131 JAM CKD P

Plaintiff,

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v.

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J. ROBUSTELLI,

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ORDER

Defendant.

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Plaintiff has filed a motion asking that this matter be stayed. It appears plaintiff is under

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the misimpression that plaintiff must exhaust California court remedies (as a petitioner in an

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action for a writ of habeas corpus would be required to do) with respect to plaintiff’s claims

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before proceeding in this court under 42 U.S.C. § 1983. Not so. There being no good cause for

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granting a stay, IT IS HEREBY ORDERED that plaintiff’s request (ECF No. 48) is denied.

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Dated: October 5, 2017

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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