Turner v. Byer

Filing 36

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/15/2019 DENYING 34 Motion to Stay. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAFONZO R. TURNER,

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No. 2:17-cv-1869-EFB

Plaintiff,
v.

ORDER

BYERS, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. He has filed a “motion to stay all proceedings, and for reorder of appointment of

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counsel” in this case and in Case No. 16-cv-00969-MCE-AC. ECF No. 34.

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Plaintiff’s request regarding counsel is directed solely to Case No. 16-cv-00969-MCE-

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AC. Plaintiff has not been appointed counsel in this action. Accordingly, the court will not

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address plaintiff’s request regarding appointed counsel in this action.

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Plaintiff asks for a stay of proceedings because he claims he has been deprived of his legal

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property. However, plaintiff’s only showing on this claim is a receipt indicating that he was

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issued his legal property on July 31, 2018. ECF No. 34 at 3. That plaintiff may have been

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without his legal property for an unknown period of time prior to July 31, 2018 is not cause to

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stay these proceedings. Without any other showing of the necessity of the requested stay, the

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court will not delay the case.
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Accordingly, the motion to stay is DENIED.
DATED: July 15, 2019.

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