Scott v. Antioch Police Department et al

Filing 23

ORDER DENYING MOTION FOR STAY WITHOUT PREJUDICE re 22 . Signed by Judge Jeremy Fogel on 4/13/11. (dlm, COURT STAFF) (Filed on 4/25/2011)

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1 2 3 4 5 NOT FOR CITATION 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 EDJUAN C. SCOTT, Plaintiff, 11 For the Northern District of California United States District Court 10 vs. 12 13 14 ANTIOCH POLICE DEPT., et al., Defendants. No. C 09-00720 JF (PR) ) ) ) ) ) ) ) ) ) ) ) ) ORDER DENYING MOTION FOR STAY WITHOUT PREJUDICE (Docket No. 22) 15 16 Plaintiff, a California prisoner currently held at the Martinez Detention 17 Facility, filed in pro se the instant civil rights action pursuant to 42 U.S.C. § 1983. 18 The Court found the complaint, liberally construed, stated cognizable claims and 19 ordered service on Defendants on March 7, 2011. (Docket No. 15.) Summonses 20 were issued on March 14, 2011, but the Court has yet to receive confirmation that 21 the summonses have been executed. Accordingly, Plaintiff’s motion for stay, 22 (Docket No. 22), is DENIED with prejudice. Plaintiff may renew the motion once 23 Defendants have appeared in the action and have been given an opportunity to 24 respond to the motion for stay. 25 This order terminates Docket No. 22. 26 IT IS SO ORDERED. 27 DATED: 4/13/11 JEREMY FOGEL United States District Judge 28 Order Denying Motion for Stay P:\PRO-SE\SJ.JF\CR.09\Scott00720_deny-stay.wpd UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA EDJUAN SCOTT, Case Number: CV09-00720 JF Plaintiff, CERTIFICATE OF SERVICE v. ANTIOCH POLICE DEPT., et al., Defendants. / 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 4/25/11 , 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. Edjuan C. Scott CC08AD969 Martinez Detention Facility 901 Court Street D-Module #27 Martinez, CA 94553 Dated: 4/25/11 Richard W. Wieking, Clerk

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