Wilkins v. Ahern

Filing 324

ORDER DENYING 323 PLAINTIFF'S MOTION FOR SANCTIONS FOR DEFAULT. Signed by Judge Maxine M. Chesney on July 2, 2013.(mmcsec, COURT STAFF) (Filed on 7/2/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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)
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Plaintiff,
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v.
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SHERIFF GREG AHERN, et al.,
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Defendants.
_____________________________ )
KEENAN WILKINS,

No. C 08-1084 MMC (PR)
ORDER DENYING PLAINTIFF’S
MOTION FOR SANCTIONS FOR
DEFAULT
(Docket No. 323)

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On February 22, 2008, plaintiff, then a pretrial detainee at the Santa Rita County Jail

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(“SRCJ”), and proceeding pro se, filed the above-titled civil rights action under 42 U.S.C.

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§ 1983. The operative pleading in the instant action is plaintiff’s Second Amended

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Complaint (“SAC”), a sixty-page document that the Court previously determined stated

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cognizable claims for relief, based on events that allegedly occurred between March 2007

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and December 2008, during which time plaintiff was incarcerated at the SRCJ. By order

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filed November 30, 2011, the Court granted plaintiff’s request to stay the instant action

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pending resolution of criminal proceedings brought against him in Alameda County Superior

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Court.

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Now before the Court is plaintiff’s “motion for sanctions for default.” There has been
no default by any defendant. Accordingly, the motion is hereby DENIED.

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This is the sixth frivolous request or motion filed by plaintiff since the case was

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stayed. Accordingly, absent leave of court, no further motions by plaintiff shall be filed until

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the stay is lifted.

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This order terminates Docket No. 323.

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IT IS SO ORDERED.

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DATED: July 2, 2013
_________________________
MAXINE M. CHESNEY
United States District Judge

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For the Northern District of California

United States District Court

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