Panicaro v. Storey County et al

Filing 5

ORDER denying without prejudice Plaintiff's ECF No. 3 Motion to Stay; directing Plaintiff to file proof of service on Defendants within 90 days of receipt of this order. Signed by Judge Robert C. Jones on 9/7/2021. (Copies have been distributed pursuant to the NEF - KR)

Case 3:20-cv-00506-RCJ-WGC Document 5 Filed 09/07/21 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOE PANICARO,

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Case No. 3:20-cv-00506-RCJ-WGC

Plaintiff,

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vs.

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STOREY COUNTY, et al.

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ORDER

Defendants.

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Plaintiff sues Storey County and nine government officials under 42 U.S.C. § 1983 in

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connection with an arrest and a criminal prosecution. He filed this case on September 4, 2020.

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(ECF No. 1.) He filed a motion to have this case stayed pending the final resolution of the criminal

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prosecution, which he purports was ongoing at the time of the motion. (ECF No. 3.) In the motion,

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he requests that be excused from executing service until the requested stay is completed. (Id.)

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While a court should generally stay a § 1983 case where there is a possibility of inconsistent rulings

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in parallel criminal proceedings, see Wallace v. Kato, 549 U.S. 384, 393–94 (2007), this is an issue

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that should be litigated before the parties, see, e.g., Beeman v. Drobney, No. 20-4256, 2021 WL

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641383, at *2 (C.D. Ill. Jan. 28, 2021) (ordering a plaintiff to serve the defendants before ruling

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on the issue of a stay). The Court thus denies this motion at this time.
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Case 3:20-cv-00506-RCJ-WGC Document 5 Filed 09/07/21 Page 2 of 2

CONCLUSION

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IT IS HEREBY ORDERED that Motion to Stay (ECF No. 3) is DENIED WITHOUT
PREJUDICE.
IT IS FURTHER ORDERED that Plaintiff shall file proof of service on Defendants within

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ninety days of receipt of this Order.

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IT IS SO ORDERED.

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Dated September 7, 2021.

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_____________________________________
ROBERT C. JONES
United States District Judge

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