Combs v. Ribac et al

Filing 12

ORDER: Plaintiff's criminal case has not concluded. Plaintiff's Motion to Lift the Stay and Motion to Amend (ECF No. 11 ) are Denied. Plaintiff may file a motion to lift the stay in this matter and any motion to amend the complaint within 30 days of the Court's entry of judgment in Case No. 3:17-cr-03026-CAB-1. Signed by Judge William Q. Hayes on 12/17/2018. (All non-registered users served via U.S. Mail Service)(ajs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JOHN LELAND COMBS,
Reg. No. 63884298,
vs.

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ORDER

Plaintiff,

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Case No.: 3:17-cv-02381-WQH-BGS

NORBERTO RIBAC, U.S. Border Patrol
Agent; JORGE ARTILES, U.S. Border
Patrol Agent,
Defendants.

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HAYES, Judge:
On March 7, 2018, this Court granted Plaintiff’s Motion to Proceed IFP and entered
a stay of this action pending resolution of Plaintiff’s criminal proceedings in United States
v. Combs, S.D. Cal. Criminal Case No. 3:17-cr-03026-CAB-1. (ECF No. 7). The Court’s
March 7, 2018 Order required that Plaintiff file a motion to lift the stay in this matter within
30 days of the resolution of his criminal case. Id. On December 11, 2018, Plaintiff filed a
Notice that a verdict was reached in Case No. 3:17-cr-03026-CAB-1, and a Motion for
Leave to Amend the Complaint. (ECF No. 11).
The Court construes Plaintiff’s December 11, 2018 Notice as a Motion to Lift the
Stay in this matter and a Motion to Amend. A verdict was reached in Plaintiff’s criminal
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3:17-cv-02381-WQH-BGS

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case, but judgment has not yet been entered in Case No. 3:17-cr-03026-CAB-1. Plaintiff’s

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criminal case has not concluded. Plaintiff’s Motion to Lift the Stay and Motion to Amend

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(ECF No. 11) are DENIED. Plaintiff may file a motion to lift the stay in this matter and

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any motion to amend the complaint within 30 days of the Court’s entry of judgment in

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Case No. 3:17-cr-03026-CAB-1.

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Dated: December 17, 2018

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3:17-cv-02381-WQH-BGS