Daniels v. Aponte et al

Filing 18

ORDER. Signed by Judge Robert M. Illman on 03/12/2025. (rmilc2, COURT STAFF) (Filed on 3/12/2025)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JEREMY DANIELS,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 21-cv-03794-RMI
ORDER

v.
STEVEN APONTE, et al.,
Defendants.

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Plaintiff, a former detainee proceeding pro se, filed a civil rights complaint under 42

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U.S.C. § 1983, alleging that he was improperly arrested and subject to excessive force by police.

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This case was stayed pursuant to Wallace v. Kato, 549 U.S. 384, 393 (2007), because criminal

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charges were pending against plaintiff related to the underlying incident. Plaintiff could not obtain

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money damages related to this incident until the criminal case had ended in his favor or if he was

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convicted and the conviction was reversed.

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Plaintiff has filed a letter indicating that his criminal case is over and he seeks an extension

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to lift the stay. Plaintiff’s request is granted. Within fifty-six days, plaintiff may file a motion to

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lift the stay that also discusses how his criminal ended. He should indicate if the charges were

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dropped or if he was convicted.

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IT IS SO ORDERED.

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Dated: March 12, 2025

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ROBERT M. ILLMAN
United States Magistrate Judge