(PC) Williams v. Pai

Filing 34

ORDER signed by Magistrate Judge Allison Claire on 9/16/2022 GRANTING defendant's 33 motion to lift the court's stay imposed on 1/24/2022. Pursuant to Federal Rule of Civil Procedure 12(a)(1)(A)(i), within 21 days of the date of this order, defendant must file a response to plaintiff's complaint. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEVEN GREGORY WILLIAMS,

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Plaintiff,

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No. 2:19-cv-1591 DAD AC P

v.

ORDER

USHA PANEMANGALOR PAI, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding pro se and in forma pauperis, has filed this civil

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rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States

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Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
Before this court is defendant’s notice regarding plaintiff’s concurrent state court litigation

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and request to lift the stay in this action. ECF No. 33. For the reasons stated below, the motion

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will be granted. Defendant will also be directed to file a response to plaintiff’s complaint.
On January 24, 2022, the district court judge previously assigned to this action adopted

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the undersigned’s findings and recommendations and stayed this action, pending plaintiff’s

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resolution of his state court action, Williams v. Pai, Case No. FCM168941 (Solano County

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Superior Court). ECF Nos. 26, 27. One month later, the undersigned ordered defendant to file

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quarterly reports which informed the court of the status of the parties’ state court proceeding.

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ECF No. 28. At that time, defendant was also ordered to notify it when the state court’s judgment

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became final and to do so within fourteen days of that disposition. Id.

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On September 1, 2022, the defendant filed the instant notice and request. ECF No. 33.

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The filing informs the court that on August 18, 2022, plaintiff opted to dismiss his state court

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complaint without prejudice so that he could proceed with the instant action. Id. at 1-2, 5.

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Consequently, defendant requests that the stay be lifted. Good cause appearing, defendant’s

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motion will be granted, and she will be directed to file a response to plaintiff’s complaint.

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Accordingly, IT IS HEREBY ORDERED that:
1. Defendant’s motion to lift the court’s stay imposed on January 24, 2022 (ECF No. 33),
is GRANTED, and
2. Pursuant to Federal Rule of Civil Procedure 12(a)(1)(A)(i), within twenty-one days of

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the date of this order, defendant must file a response to plaintiff’s complaint.

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DATED: September 16, 2022

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/s/ ALLISON CLAIRE
ALLISON CLAIRE
UNITED STATES MAGISTRATE JUDGE

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