Cohea v. Brown et al

Filing 69

ORDER GRANTING REQUEST FOR STAY OF PROCEEDINGS AND DIRECTING CLERK TO ADMINISTRATIVELY CLOSE CASE. Signed by Judge Charles R. Breyer on 1/31/2020. (lsS, COURT STAFF) (Filed on 1/31/2020)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DANNY JAMES COHEA, J13647, Plaintiff, 8 9 10 United States District Court Northern District of California 11 12 v. C. E. DUCART, et al., Defendant(s). Case No. 17-cv-05399-CRB (PR) ORDER GRANTING REQUEST FOR STAY OF PROCEEDINGS AND DIRECTING CLERK TO ADMINISTRATIVELY CLOSE CASE (ECF Nos. 41 & 67) Good cause appearing, plaintiff’s unopposed request for a stay of proceedings (ECF No. 13 67) pending resolution of his permitted interlocutory appeal of this court’s denial of a preliminary 14 injunction is GRANTED. 15 The clerk is instructed to ADMINISTRATIVELY CLOSE this case. Nothing further will 16 take place in this case until the permitted interlocutory appeal is resolved in the Ninth Circuit and, 17 within 30 days thereafter, plaintiff moves to reopen the case and lift the court’s stay. 18 Defendants’ motion for summary judgment (ECF No. 41), to which plaintiff has not yet 19 responded, is DISMISSED without prejudice to re-noticing or renewing after the case is reopened 20 and the stay is lifted. 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: January 31, 2020 ______________________________________ CHARLES R. BREYER United States District Judge 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DANNY JAMES COHEA, Case No. 3:17-cv-05399-CRB Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 C. E. DUCART, et al., Defendants. United States District Court Northern District of California 11 12 13 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 14 15 16 17 18 That on January 31, 2020, 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. 19 20 21 Danny James Cohea ID: J13647 Centinela State Prison P.O. Box 901, Housing: C1-102L Imperial, CA 92251 22 23 24 25 26 27 Dated: January 31, 2020 Susan Y. Soong Clerk, United States District Court By:________________________ Lashanda Scott, Deputy Clerk to the Honorable CHARLES R. BREYER 28 2

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