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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UNITED STATES DISTRICT COURT

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Northern District of California

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Oakland Division
KAYLE HOWARD,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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No. C 10-05655 LB
Plaintiff(s),

v.
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ORDER DENYING AS MOOT
PLAINTIFF’S MOTIONS TO STAY
CASE

MICHAEL DALISAY, et al.,
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[ECF Nos. 60, 62]
Defendant(s).
_____________________________________/

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Pro se plaintiff Kayle Howard sued local police officers and county sheriffs in this lawsuit for

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false imprisonment and false arrest in relation to a state court criminal action, all in violation of 42

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U.S.C. § 1983 and state law. Complaint, ECF No. 1 at 2, ¶¶ 6-7.1 On April 19, 2011, upon

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Defendants’ motion, the court stayed this lawsuit pending the outcome of those criminal charges.

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ECF No. 58.

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Ms. Howard’s criminal trial, which had been slated to begin on August 15, 2011, was continued

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to September 12, 2011, and then to November 14, 2011. ECF Nos. 60, 61. After each continuance,

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Ms. Howard moved to stay this case. ECF Nos. 60, 62. The court has already stayed this lawsuit

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until an outcome is reached in her criminal trial. Ms. Howard need not move to stay this lawsuit

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each time the criminal trial date is continued. Accordingly, her motions are DENIED AS MOOT.

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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

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The parties shall file a joint status update about the status of Howard’s pending criminal case no
later than November 21, 2011.

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This disposes of ECF Nos. 60 and 62.

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IT IS SO ORDERED.

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Dated: September 13, 2011
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C 10-05655 LB

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