Owens v. Defazio et al

Filing 168

ORDER signed by Magistrate Judge Kendall J. Newman on 4/27/2020 DENYING 160 Motion to Consolidate and DENYING 161 Motion to Stay this Action. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THEON OWENS,

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Plaintiff,

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No. 2: 16-cv-2750 JAM KJN P

v.

ORDER

JOSEPH DEGAZIO, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion to consolidate the instant

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action with 19-cv-1683 MCE DMC P. (ECF No. 160.) Also pending is plaintiff’s motion to stay

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this action. (ECF No. 161.)
For the reasons stated herein, plaintiff’s motion to consolidate and motion to stay are

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denied.

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Motion to Consolidate

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Federal Rule of Civil Procedure 42(a) provides this Court with broad discretion to

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consolidate cases that involve common questions of law and fact. See Pierce v. Cnty. of Orange,

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526 F.3d 1190, 1203 (9th Cir. 2008) (“A district court generally has ‘broad’ discretion to

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consolidate actions; we review its decision on consolidation under an abuse of discretion

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standard.”).
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The gravamen of the instant action is plaintiff’s claim that he was subject to excessive

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force on February 18, 2015. (ECF No. 1.) In case 19-cv-1683, plaintiff alleges that he was

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subject to excessive force on November 3, 2015. (See 19-cv-1683 at ECF No. 1.) The

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defendants named in case 19-cv-1683 are not named as defendants in the instant action.

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Accordingly, plaintiff’s motion to consolidate is denied because the excessive force incidents

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alleged in the instant action and case 19-1683 do not involve common questions of fact.

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Motion to Stay
“The District Court has broad discretion to stay proceedings as an incident to its power to

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control its own docket.” Clinton v. Jones, 520 U.S. 681, 707 (1997) (citing Landis v. North

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American Co., 299 U.S. 248, 254 (1936)). “The proponent of the stay bears the burden of

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establishing its need.” Id. at 708. The following factors shall be considered when determining if

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a stay is appropriate: (1) “the possible damage which may result from the granting of a stay”;

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(2) “the hardship or inequity which a party may suffer in being required to go forward,” and

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(3) “the orderly course of justice, measured in terms of the simplifying or complicating of issues,

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proof, and questions of law which could be expected to result from a stay.” Filtrol Corp. v.

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Kelleher, 467 F.2d 242, 244 (9th Cir. 1972) (quoting CMAX, Inc. v. Hall, 300 F.2d 268 (9th Cir.

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1962).)

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In the pending motion, filed March 30, 2020, plaintiff requests that this action be stayed

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until he is released from the mental hospital. Plaintiff alleges that on February 24, 2020, he was

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admitted to the Mental Health Crisis Bed (“MHCB”) Unit at the California Health Care Facility

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(“CHCF”). Plaintiff alleges that while in the MHCB Unit, he will not be allowed to have pens or

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legal papers in his cell. Plaintiff alleges that he will be allowed access to a pen outside of his cell

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for thirty minutes a day. Plaintiff also alleges that his legal materials are at Corcoran State Prison.

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Plaintiff requests that this action be stayed for thirty days so that doctors may treat him and then

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release him back to the general population, where he can receive his legal property.

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The undersigned is not inclined to stay this action which has been pending for over three

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years, even for the brief time requested. Staying this action will further delay its resolution.

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Instead, plaintiff may file requests for extension of time, if appropriate, if he is unable to litigate
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this action based on limited access to legal materials.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion to consolidate (ECF No. 160) is denied;

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2. Plaintiff’s motion to stay this action (ECF No. 161) is denied.

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Dated: April 27, 2020

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Owen2750.con
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