Willis v. Kiser et al

Filing 29

ORDER granting 25 Motion to Stay. Plaintiff's § 1983 action is stayed until 3/6/18, pending resolution of his habeas petition (3:17-cv-05772-RJB-JRC). Plaintiff shall file a status report and a motion to extend the stay on or before 2/20/18 -- fourteen days for the stay ends. **SEE ORDER FOR REMAINING DETAILS** Signed by Magistrate Judge J Richard Creatura.**2 PAGE(S), PRINT ALL**(Darrel Willis, Prisoner ID: 854804)(CMG)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 DARREL PATRICK WILLIS, 11 Plaintiff, 12 13 16 17 18 19 20 21 22 ORDER GRANTING STAY v. NICK KISER, et al., Defendants. 14 15 CASE NO. 3:17-cv-05373-BHS-JRC The District Court has referred this 42 U.S.C. § 1983 civil rights action to United States Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), and local Magistrate Judge Rules MJR1, MJR3 and MJR4. Plaintiff Darrel Patrick Willis, proceeding pro se, filed this § 1983 action on May 18, 2017. Dkt. 1. The Court screened plaintiff’s action and found that his suit was barred under Heck because it sought recovery for an allegedly unlawful conviction before plaintiff proved his conviction was unlawful through state and federal habeas proceedings. Dkt. 11. Pursuant to the Court’s order, plaintiff filed an amended complaint. Dkt. 15. However, he also included a 23 24 ORDER GRANTING STAY - 1 1 petition for habeas corpus under the same cause number. Dkt. 16. He subsequently filed 2 amended versions of both of these pleadings. Dkts. 17, 18. 3 The Court ordered that plaintiff’s habeas petition be re-docketed with its own cause 4 number. Dkt. 21. It further ordered that plaintiff file an amended complaint -- voluntarily dismiss 5 his § 1983 action -- or move the Court to stay this action pending the outcome of his petition for 6 habeas relief. Id. Plaintiff filed a second amended complaint and a motion to stay the action. 7 Dkts. 23, 25. Defendants have not yet been served with plaintiff’s complaint. 8 Therefore, it is ORDERED: 9 1) Plaintiff’s § 1983 action is stayed until March 6, 2018, pending the resolution of his 10 11 habeas petition (3:17-cv-05772-RJB-JRC). 2) Plaintiff shall file a status report and a motion to extend the stay on or before 12 February 20, 2018 -- fourteen days before the stay ends. Plaintiff’s report shall inform 13 the Court of the status of his habeas proceedings. Plaintiff’s failure to file a status 14 report and motion to extend the stay will result in the stay expiring and plaintiff’s 15 action moving forward. 16 3) Should the District Court terminate review of plaintiff’s habeas petition before 17 February 20, 2018, either by granting or denying the petition, plaintiff will inform the 18 Court and file a motion to lift the stay within 30 days of the District Court’s action. 19 4) The Clerk is directed to note the February 20, 2018 due date on the Court’s calendar. 20 Dated this 6th day of December, 2017. A 21 22 J. Richard Creatura United States Magistrate Judge 23 24 ORDER GRANTING STAY - 2

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