Walker v. Kernan et al

Filing 18

ORDER signed by Magistrate Judge Allison Claire on 4/9/2018 DENYING 15 and 16 Motions for a 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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G. DANIEL WALKER,

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Plaintiff,

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No. 2:17-cv-2191 AC P

v.

ORDER

DEPARTMENTAL REVIEW BOARD,
et al.,
Defendants.

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Plaintiff, a state prisoner proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. On

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February 20, 2018, plaintiff filed two motions to stay the progression of this case. See ECF Nos.

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15, 16. For the reasons below, the court will deny these requests.
On October 24, 2017, plaintiff was directed to submit an amended complaint. ECF No. 4.

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He was given thirty days to do so. Id. at 6. At that time, he was cautioned that failure to comply

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with the order might result in dismissal of his complaint for failure to prosecute. Id.
Over one hundred days later, plaintiff had not filed an amended petition. During that

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period, however, plaintiff had filed several other pleadings. See generally docket (six pleadings

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filed by plaintiff between court order to file amended pleading and court recommendation to

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dismiss matter). Consequently, on February 5, 2018, the undersigned recommended that the case

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be dismissed for failure to prosecute. ECF No. 14. The recommendation was based on the

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court’s determination that plaintiff’s filing of non-complaint-related documents indicated that he

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was capable of filing an amended complaint.

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The instant motions to stay filed by plaintiff request that the case in its entirety be stayed

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due to plaintiff’s vision impairment. See ECF No. 15 at 1; see also ECF No. 16 at 1. Plaintiff

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claims that he has been unable to read the court’s orders and file responses to them. See ECF No.

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15 at 1-2; see also ECF No. 16 at 1-2. Plaintiff also states that a stay should be granted because it

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is currently being determined “whether the Americans with Disabilities Act of 1990 applies to the

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United States District Court of Eastern California.” See ECF No. 15 at 2; see also ECF No. 16 at

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2. Plaintiff contends that a stay will not inconvenience anyone. See id. As purported proof of

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plaintiff’s assertion that this issue is being considered by the Supreme Court of the United States,

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plaintiff attaches a copy of the brief he has drafted for the high court. See ECF No. 16 at 3-10.

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Plaintiff provides no legal authority for his argument that the instant matter must be stayed

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while an unrelated matter he claims to have filed in the Supreme Court is being considered. See

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generally ECF Nos. 15, 16. More importantly, it has been determined that the claims in

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plaintiff’s complaint fail to establish any common questions of law or fact, see ECF No. 4 at 4-5,

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and plaintiff has chosen not to amend his complaint and establish otherwise. Therefore, plaintiff

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has no viable Section 1983 claims in the instant complaint that can be stayed pending any current

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review by the high court.

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As for plaintiff’s contention that the case should be stayed indefinitely because of his

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vision impairment, plaintiff does not contend that corrective measures to improve his vision are

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imminent which might warrant a stay. See generally ECF Nos. 15, 16. On the contrary, he

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reports that a recent request for surgery on his left eye was recently denied. See ECF No. 15 at 2;

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see also ECF No. 16 at 2. Furthermore, as the court stated in its February 2018 findings and

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recommendations, despite any visual impairment, plaintiff’s filing of multiple pleadings unrelated

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to an amended complaint indicates that he is currently capable of drafting and filing legal

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documents. See ECF No. at 14 at 2. Needless to say, this includes pleadings that could move this

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action forward.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motions for a stay (ECF Nos. 15,

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16) are DENIED.

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DATED: April 9, 2018

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