Bhatia v. United States of America et al

Filing 31

ORDER by Judge ARMSTRONG denying 28 Motion to Stay (lrc, COURT STAFF) (Filed on 3/31/2010)

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

LAL BHATIA, Plaintiff, vs.

Case No: C 08-4208 SBA ORDER DENYING PLAINTIFF'S MOTION TO STAY Docket 28

UNITED STATES OF AMERICA, JANET 10 BERRY, STEPHEN CORRIGAN,
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Defendants.

Plaintiff Lal Bhatia, acting pro se, filed this matter seeking to enjoin the Government from prosecuting him in United States v. Lal Bhatia, et al., CR 05-00334 SBA. On November 6, 2008, the Court dismissed the action for lack of subject matter jurisdiction, since under Douglas v. City of Jeanette, 319 U.S. 157, 163 (1943), courts of equity have no power to enjoin criminal proceedings. Docket 20. Plaintiff appealed the ruling to the Ninth Circuit Court of Appeals, where it remains pending. See USCA No. 08-17784. Plaintiff has now filed a motion to stay CR 05-00334 SBA pending resolution of the appeal taken from the Court's November 6, 2008 Order. The motion lacks merit. To the extent Plaintiff seeks to stay a related criminal action, he should have filed his request in that case, not this one. In addition, as the Court explained in its dismissal order, the Court lacks the authority to enjoin a criminal proceeding. Accordingly, IT IS HEREBY ORDERED THAT Plaintiff's motion to stay is DENIED. This Order terminates Docket No. 28. IT IS SO ORDERED. Dated: March 30, 2010 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA LAL BHATIA, Plaintiff, v. UNITED STATES OF AMERICA et al, Defendant. / Case Number: CV08-04208 SBA CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on MARCH 31, 2010March 31, 2010, 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.

Lal Bhatia 97562-011/A2D Taft Correctional Institution P.O. 7001 Taft, CA 93268 Dated: 3/31/10March 31, 2010

Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk