Proctor v. Van Horn et al

Filing 23

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 5/1/2013, denying 20 Motion to Stay. (Copies have been distributed pursuant to the NEF - JC)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

CHARLES JUAN PROCTOR,

)
)
Plaintiff,
)
vs.
)
)
DR. VAN HORN, et al.,
)
)
Defendants
)
___________________________________ )

3:12-cv-00328-LRH-WGC
MINUTES OF THE COURT
May 1, 2013

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

KATIE LYNN OGDEN REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Plaintiff’s “Motion for Postponement of this Civil Complaint Until April 1, 2014.” (Doc.
# 20), is essentially a motion to stay proceedings. Plaintiff states he has been ordered to be returned
to California for re-sentencing relative to a California criminal conviction (id. at 2, 8). According
to Plaintiff, this may occur sometime within the next 180 days (id. at 3). Plaintiff requests the
pending matter be “postponed” (i.e., stayed) until April 1, 2014.
The court does not see the necessity to stay this case for what would be close to one year.
The present case is still in its infancy. The defendants who have been served have yet to appear
herein. (Doc. # 21 at 2.) Accordingly, no scheduling order has been entered and as such, there is
yet no deadline for completion of discovery.
It may very well be that discovery, when it is eventually authorized herein, can be completed
in this matter before Plaintiff is transported to California. However, if Plaintiff is returned to
California and if his detention there causes complications to either Plaintiff or Defendants on
completing discovery, either Plaintiff or Defendants can request a reasonable extension (as noted
above, no scheduling order has yet been entered). If Plaintiff’s detention hampers Plaintiff’s ability
to either pursue or respond to a motion, Plaintiff can request appropriate relief at that time. Plaintiff
is reminded of his obligation to keep the court advised of any change in his mailing address.
Plaintiff’s motion (Doc. # 20) is DENIED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

/s/
Deputy Clerk