Anoruo v. Shinseki

Filing 30

ORDER that 27 Motion to Stay this Court's Order Pending Appeal is DENIED. Signed by Judge Miranda M. Du on 4/3/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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DR. JOSEPH CHIDI ANORUO,

Case No. 2:11-cv-02070-MMD-CWH

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Plaintiff,
v.

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ORDER

ERIK K. SHINSEKI, Secretary of Veteran
Affairs, and DEPARTMENT OF VETERAN
AFFAIRS,

(Plaintiff’s Motion to Stay – dkt. no. 27)

Defendants.

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On August 23, 2012, the Court granted Defendants’ Motion to Dismiss (dkt. no. 9)

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with prejudice, noting that Plaintiff failed to exhaust his administrative remedies. (Dkt.

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no. 22.) Plaintiff filed a Notice of Appeal on September 21, 2012. (Dkt. no. 24.) Plaintiff

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then filed a Motion to Stay this Court’s Order dismissing his case with prejudice pending

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his appeal. (Dkt. no. 27.) However, the Court agrees with Defendants that there is no

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cause to stay this matter pending appeal, as no action or injunction will issue absent a

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stay.

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IT IS THEREFORE ORDERED that Plaintiff’s Motion to Stay this Court’s Order
Pending Appeal (dkt. no. 27) is DENIED.
DATED THIS 3rd day of April, 2013.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE