Lasinski v. Linfoot

Filing 26

ORDER STAYING ACTION AND ADMINISTRATIVELY CLOSING CASE. Signed by Judge Charles R. Breyer on 8/6/2018. (lsS, COURT STAFF) (Filed on 8/6/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CLAYTON LASINSKI,
Plaintiff,

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v.
STEPHEN LINFOOT, et al.,

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United States District Court
Northern District of California

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Case No. 18-cv-00229-CRB (PR)

ORDER STAYING ACTION AND
ADMINISTRATIVELY CLOSING
CASE

Defendant(s).

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(ECF No. 25)

Plaintiff, an inmate at the Humboldt County Correctional Facility in Eureka, California,

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filed a pro se civil rights complaint for damages under 42 U.S.C. § 1983 alleging that on

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December 6, 2016 officers of the Eureka Police Department used excessive force when they shot

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him multiple times while effectuating his arrest.

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On April 20, 2018, the court (Lloyd, M.J.) found that, liberally construed, plaintiff’s

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allegations are sufficient to state cognizable claims under § 1983 for use of excessive force in

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violation of the Fourth Amendment against the named individual police officer defendants, and

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asked them to waive service and file a dispositive motion within ninety-one days. On June 22,

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2018, defendants filed an answer and declination to magistrate judge jurisdiction, and on June 26,

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2018, the case was reassigned to the undersigned.

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On July 2, 2018, defendants filed a notice of related case and/or pendency of other action

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or proceedings informing the court that plaintiff is being criminally prosecuted in Humboldt

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County Superior Court of various offenses arising from the same transaction or event as this civil

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rights action, including assault with a semi-automatic firearm upon a peace officer, assault with a

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deadly weapon other than a firearm, and obstruction or interference with an executive officer via

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threat or violence. On July 19, 2018, defendants filed a motion for an extension of time of one
year to provide time for plaintiff’s state criminal trial to resolve.

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Good cause appearing therefor, the instant civil rights action for damages under § 1983 is

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STAYED pending the outcome of plaintiff’s criminal charges in Humboldt County Superior

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Court. See Keating v. Office of Thrift Supervision, 45 F.3d 322, 324 (9th Cir. 1995) (district court

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has discretion to stay civil proceedings in face of a parallel criminal proceeding).

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The clerk is instructed to ADMINISTRATIVELY CLOSE this case. Nothing further will

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take place in this case until the criminal charges against plaintiff are resolved in state court and,

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within 30 days thereafter, the parties jointly move to reopen the case and lift the court’s stay. The

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parties are warned that failure to move to reopen the case and lift the court’s stay within 30 days of

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the resolution of plaintiff’s criminal charges in state court may result in sanctions.
Defendants’ motion for an extension of time (ECF No. 25) is DISMIISED as moot.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: August 6, 2018
______________________________________
CHARLES R. BREYER
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CLAYTON LASINSKI,

Case No. 3:18-cv-00229-CRB

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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STEPHEN LINFOOT, et al.,
Defendants.

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United States District Court
Northern District of California

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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.

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That on August 6, 2018, 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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Clayton Lasinski
Humboldt County Correctional Facility
826 4th Street
Eureka, CA 95501-0516

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Dated: August 6, 2018
Susan Y. Soong
Clerk, United States District Court

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By:________________________
Lashanda Scott, Deputy Clerk to the
Honorable CHARLES R. BREYER

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