(PC) Shehee v. King, No. 1:2014cv00590 - Document 17 (E.D. Cal. 2014)

Court Description: ORDER VACATING 15 Findings and Recommendations of Decemeber 1, 2014; ORDER DENYING 16 Motion to Stay; ORDER GRANTING Extension of Time to File First Amended Complaint, signed by Magistrate Judge Gary S. Austin on 12/12/2014. Sixty Day Deadline. (Marrujo, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GREGORY ELL SHEHEE, 12 Plaintiff, 13 14 vs. AUDREY KING, 15 Defendant. 16 1:14-cv-00590-AWI-GSA-PC ORDER VACATING FINDINGS AND RECOMMENDATIONS OF DECEMBER 1, 2014 (Doc. 15.) ORDER DENYING PLAINTIFF’S MOTION FOR STAY (Doc. 16.) ORDER GRANTING EXTENSION OF TIME TO FILE FIRST AMENDED COMPLAINT 17 18 SIXTY DAY DEADLINE 19 20 21 22 23 I. BACKGROUND 24 Gregory Ell Shehee (“Plaintiff”) is a civil detainee proceeding pro se with this civil 25 rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this 26 action on April 23, 2014. (Doc. 1.) On October 17, 2014, the Court issued an order dismissing 27 Plaintiff=s Complaint for failure to state a claim, with leave to file a First Amended Complaint 28 within thirty days. (Doc. 12.) The thirty-day deadline expired, and Plaintiff failed to file a 1 1 First Amended Complaint or otherwise respond to the Court’s order. On December 1, 2014, 2 the court issued findings and recommendations, recommending that this case be dismissed for 3 Plaintiff’s failure to state a claim. (Doc. 15.) Plaintiff was granted thirty days in which to file 4 objections to the findings and recommendations. (Id.) 5 On December 1, 2014, Plaintiff filed a motion to stay the proceedings in this action. 6 (Doc. 16.) 7 II. MOTION TO STAY 8 Plaintiff requests the court to stay the proceedings in this action until after he has eye 9 surgery, because he is legally blind and unable to prosecute this case without assistance. 10 Plaintiff has submitted a medical report dated August 26, 2014, as evidence of his blindness. 11 (Doc. 11 at 3.) 12 The Court does not lightly stay litigation, due to the possibility of prejudice to 13 defendants. Plaintiff has shown good cause for the court to allow him time for surgery. 14 However, a stay of this action is not Plaintiff’s only remedy. Plaintiff’s pending deadline in 15 this action is to file a First Amended Complaint. While Plaintiff has not indicated when his 16 surgery is scheduled or when he will be ready to proceed, the Court shall grant Plaintiff a sixty- 17 day extension of time to file the First Amended Complaint. Should Plaintiff require a further 18 extension, he should file a motion before the sixty-day deadline expires, showing good cause 19 for the extension to be granted. 20 In light of the foregoing, the court shall vacate the findings and recommendations of 21 December 1, 2014. 22 III. CONCLUSION 23 Accordingly, IT IS HEREBY ORDERED that: 24 1. 25 are VACATED; 26 2. 27 28 The findings and recommendations issued by the court on December 1, 2014, Plaintiff's motion to stay this action, filed on December 1, 2014, is DENIED; and /// 2 1 3. Good cause appearing, Plaintiff is GRANTED an extension of time until sixty 2 days from the date of service of this order in which to file a First Amended 3 Complaint, pursuant to the court’s order of October 17, 2014. 4 5 6 7 IT IS SO ORDERED. Dated: December 12, 2014 /s/ Gary S. Austin 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 3

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