Hunter v. Youngblood et al
Filing
50
ORDER DENYING Plaintiff's 49 Motion to Stay Case until March 11, 2012 signed by Magistrate Judge Sheila K. Oberto on 11/22/2011. (Sant Agata, S)
<![CDATA[
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
LEROY DEWITT HUNTER,
CASE NO. 1:07-cv-01126-AWI-SKO PC
9
Plaintiff,
ORDER DENYING PLAINTIFF’S MOTION
TO STAY CASE UNTIL MARCH 11, 2012
10
v.
11
(Doc. 49)
DONNY YOUNGBLOOD, et al.,
12
Defendants.
13
/
14
15
Plaintiff Leroy Dewitt Hunter, a state prisoner proceeding pro se and in forma pauperis, filed
16
this civil rights action pursuant to 42 U.S.C. § 1983 on August 3, 2007. This action is proceeding
17
on Plaintiff’s second amended complaint, filed on December 16, 2010, against Defendant Parker for
18
use of excessive force, in violation of the Due Process Clause of the Fourteenth Amendment.
19
Pursuant to the scheduling order issued on March 31, 2011, the deadline for the completion of all
20
discovery is November 30, 2011, and the deadline for filing pretrial dispositive motions is February
21
9, 2012.
22
On November 9, 2011, Plaintiff filed a motion seeking to stay this action until his release
23
from prison on March 11, 2012. At this juncture, there is nothing pending in the case which requires
24
a response from Plaintiff. If the Court issues an order or if Defendant files a motion requiring a
25
response from Plaintiff, he may seek an extension of time to respond.1 The Court cannot stay an
26
///
27
1
28
The discovery deadline is approaching, but Plaintiff’s motion provides no support for a finding that
Plaintiff needs an extension of that deadline. Therefore, the Court declines to grant one sua sponte.
1
1
action for the convenience of a party, and it notes that Plaintiff has made no showing that his ability
2
to litigate this action will differ materially following his release from custody.
3
4
Accordingly, Plaintiff’s motion to stay is HEREBY DENIED, but Plaintiff is not precluded
from seeking an extension of time, should one become necessary.
5
6
IT IS SO ORDERED.
7
Dated:
ie14hj
November 22, 2011
/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
