Shumpert v. D. Madrid et al

Filing 37

ORDER. IT IS HEREBY ORDERED that 33 Shumpert's Motion to Lift Stay is DENIED. This case remains stayed pending final judgment in Nevada v. Shumpert, Case No. C-15-304633-1. Signed by Judge Jennifer A. Dorsey on 3/22/17. (Copies have been distributed pursuant to the NEF - ADR)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

Drayden D. Shumpert,

4

Plaintiff
Order Denying Motion
to Lift Stay

5

v.

6

D. Madrid, et al.,

7

2:15-cv-02273-JAD-GWF

[ECF No. 33]

Defendants

8
On January 11, 2017, I stayed this excessive-force lawsuit that Drayden Shumpert brings

9
10

against a pair of correctional officers because the criminal case against Shumpert in state

11

court—which is based on the same altercation as this case—remains pending.1 Shumpert now

12

moves to lift that stay, arguing essentially that it is unfair to delay this lawsuit when we do not

13

know when the criminal action may conclude.
Shumpert’s criminal prosecution is still ongoing, and he has not persuaded me that the

14
15

stay I entered in January was ill-advised or that circumstances now compel me to lift it.

16

Accordingly,

17

IT IS HEREBY ORDERED that Shumpert’s Motion to Lift Stay [ECF No. 33] is

18

DENIED. This case remains stayed pending final judgment in Nevada v. Shumpert, Case No. C-

19

15-304633-1.
DATED: March 22, 2017

20

_______________________________
____
___________________
__
__
_
_ _
Jennifer A. Dorsey
fer A. Dorsey
o
United States District Judge
Judge
d
ud
ud

21
22
23
24
25
26
27
28

1

ECF No. 32 (Stay Order).