Davis v. Suhr et al

Filing 30

ORDER by Judge James Donato dismissing 28 Motion to Lift Stay. (lrcS, COURT STAFF) (Filed on 6/4/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN L. DAVIS,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 16-cv-04487-JD

ORDER

v.
GREG SUHR, et al.,
Defendants.

Re: Dkt. No. 28

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Plaintiff, a detainee, filed a pro se civil rights complaint under 42 U.S.C. § 1983. Plaintiff

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raised clams with respect to his arrest and detention in county jail. The case was stayed at

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plaintiff’s request pursuant to Wallace v. Kato, 549 U.S. 384, 393 (2007) and Heck v. Humphrey,

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512 U.S. 477, 486-487 (1994), because the criminal charges related to the arrest were still

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pending. Plaintiff has filed a motion to lift the stay but has not addressed the status of the charges

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against him and why he is still in custody in the county jail. He has not described if he was

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acquitted, convicted, or the charges were dismissed and when this occurred. The Court needs this

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information to determine whether to lift the stay. Consequently, motion to lift the stay (Docket

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No. 28) is DISMISSED without prejudice. Plaintiff may file an amended motion to lift the stay

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within twenty-eight (28) days of service of this order.

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IT IS SO ORDERED.
Dated: June 4, 2019

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JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN L. DAVIS,

Case No. 16-cv-04487-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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GREG SUHR, et al.,
Defendants.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

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That on June 4, 2019, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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John L. Davis
16664426
850 Bryant Street
San Francisco, CA 94103

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Dated: June 4, 2019

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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