Shek v. Children Hospital Research Center in Oakland et al

Filing 112

ORDER DENYING MOTION FOR STAY PENDING APPEAL AND GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS ON APPEAL by Judge Alsup granting 107 Motion for Leave to Appeal in forma pauperis; denying 108 Motion to Stay (whalc1, COURT STAFF) (Filed on 10/15/2013)

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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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JOHN SHEK,

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Plaintiff,

No. C 13-02017 WHA

v.
CHILDREN’S HOSPITAL & RESEARCH
CENTER OAKLAND, et al.,
Defendants.

ORDER DENYING MOTION
FOR STAY PENDING APPEAL
AND GRANTING APPLICATION
TO PROCEED IN FORMA
PAUPERIS ON APPEAL

/

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Mr. Shek has filed a notice of appeal of an order and judgment dismissing this action on

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the ground of res judicata (Dkt. No. 106). Following review of Mr. Shek’s accompanying

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declaration, Mr. Shek’s application to proceed in forma pauperis on appeal is GRANTED.

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Mr. Shek also seeks to stay the judgment pending appeal. Deciding whether to grant a

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stay pending appeal requires balancing four factors: (1) whether the applicant has made a strong

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showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably

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injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties

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interested in the proceeding; and (4) where the public interest lies. Hilton v. Braunskill, 481 U.S.

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770, 776 (1987).

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Upon review of Mr. Shek’s rambling and often incomprehensible motion papers, this

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order finds that he has not made a strong showing that he is likely to succeed on the merits. Nor

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is there any basis to conclude that Mr. Shek will be irreparably harmed absent a stay. It is not

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necessary, therefore, to address the other balancing factors. The motion for a stay pending

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appeal is DENIED.

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IT IS SO ORDERED.

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Dated: October 15, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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