Ortega v. Rodenspiel et al

Filing 103

ORDER STAYING CASE PENDING RESOLUTION OF CRIMINAL APPEAL. All trial and pretrial dates are vacated. Signed by Judge Yvonne Gonzalez Rogers on 8/3/12. (fs, COURT STAFF) (Filed on 8/3/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSEPH ALEJANDRO ORTEGA,

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Plaintiff,

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Case No.: 10-CV-03239 YGR
ORDER STAYING CASE PENDING
RESOLUTION OF CRIMINAL APPEAL

vs.
KURT RODENSPIEL et al.,
Defendants.

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Northern District of California

United States District Court

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The Court finds that arguments raised in Defendants’ motion for summary judgment rely upon

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the finality of Plaintiff’s conviction for assault with a deadly weapon. See Heck v. Humphrey, 512

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U.S. 477 (1994).

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Accordingly, this action is STAYED pending resolution of the state appellate review of
Plaintiff’s conviction.

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All trial and pretrial dates are VACATED.

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Within thirty days of the completion of state appellate review, the parties shall file a joint

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status report and request the case be scheduled for a case management conference.
IT IS SO ORDERED.
Dated:August 3, 2012
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE