Williams v. Clark
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/16/11 ordering petitioner's 10/13/11 motion to stay 54 is denied. Petitioner's 10/28/11 motion to shorten time for completed ruling 59 is denied. (Plummer, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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KIRK DOUGLAS WILLIAMS,
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Petitioner,
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No. CIV S-09-2968 JAM CKD P
vs.
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KATHLEEN DICKINSON,
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Respondent.
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ORDER
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Petitioner has filed a motion to stay proceedings in this action pending his appeal
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of the district court’s denial of his motion for preliminary injunction. (Dkt. No. 54.) To date, the
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district court has not adopted this court’s September 27, 2011 findings and recommendation that
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a preliminary injunction be denied. In any case, this court declines to grant the stay petitioner
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requests.
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A district court has the inherent authority to control its own docket and calendar.
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Yong v. I.N.S., 208 F.3d 1116, 1119 (9th Cir. 2000). In general, the court has discretion to stay
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proceedings. Id. In this case, petitioner has not offered any compelling reason to stay this action.
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See Hansen v. Schubert, 459 F. Supp.2d 973, 999 (E.D. Cal. 2006) (“The general rule is that an
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appellate court should not review a district court ruling until after entry of a final judgment.”)
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Accordingly, IT IS HEREBY ORDERED that:
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1. Petitioner’s October 13, 2011 motion to stay (Dkt. No. 54) is denied; and
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2. Petitioner’s October 28, 2011 motion to shorten time for completed ruling (Dkt.
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No. 59) is denied.
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Dated: November 16, 2011
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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will2968.ord2
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