Howard v. Dalisay et al

Filing 64

ORDER DENYING AS MOOT 60 62 Plaintiff's motions to stay case. Signed by Magistrate Judge Laurel Beeler on 9/12/2011. (lblc2, COURT STAFF) (Filed on 9/13/2011) (Additional attachment(s) added on 9/13/2011: # 1 Certificate/Proof of Service) (ls, COURT STAFF).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 Northern District of California 10 Oakland Division KAYLE HOWARD, 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 No. C 10-05655 LB Plaintiff(s), v. 13 ORDER DENYING AS MOOT PLAINTIFF’S MOTIONS TO STAY CASE MICHAEL DALISAY, et al., 14 15 [ECF Nos. 60, 62] Defendant(s). _____________________________________/ 16 Pro se plaintiff Kayle Howard sued local police officers and county sheriffs in this lawsuit for 17 false imprisonment and false arrest in relation to a state court criminal action, all in violation of 42 18 U.S.C. § 1983 and state law. Complaint, ECF No. 1 at 2, ¶¶ 6-7.1 On April 19, 2011, upon 19 Defendants’ motion, the court stayed this lawsuit pending the outcome of those criminal charges. 20 ECF No. 58. 21 Ms. Howard’s criminal trial, which had been slated to begin on August 15, 2011, was continued 22 to September 12, 2011, and then to November 14, 2011. ECF Nos. 60, 61. After each continuance, 23 Ms. Howard moved to stay this case. ECF Nos. 60, 62. The court has already stayed this lawsuit 24 until an outcome is reached in her criminal trial. Ms. Howard need not move to stay this lawsuit 25 each time the criminal trial date is continued. Accordingly, her motions are DENIED AS MOOT. 26 27 28 1 Citations are to the Electronic Case File (“ECF”) with pin cites to the electronic page number at the top of the document, not the pages at the bottom. C 10-05655 LB 1 2 The parties shall file a joint status update about the status of Howard’s pending criminal case no later than November 21, 2011. 3 This disposes of ECF Nos. 60 and 62. 4 IT IS SO ORDERED. 5 Dated: September 13, 2011 _______________________________ LAUREL BEELER United States Magistrate Judge 6 7 8 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 10-05655 LB 2

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