(PC) Murillo v. Holland et al, No. 1:2015cv00266 - Document 125 (E.D. Cal. 2019)

Court Description: ORDER ADOPTING 124 FINDINGS AND RECOMMENDATIONS in full signed by District Judge Kimberly J. Mueller on 08/27/19 GRANTING 119 Motion to Stay; all proceedings are STAYED pending the Ninth Circuit's decision on the interlocutory appeal in Rico v. Ducart, et al., No. 19-15541. Defendant is ordered to let the court know within 7 days of the appeal's resolution. (Benson, A.)

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(PC) Murillo v. Holland et al Doc. 125 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOAQUIN MURILLO, 12 Plaintiff, 13 14 No. 1:15-cv-0266 KJM DB P v. ORDER K. HOLLAND, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On June 13, 2019, the magistrate judge filed findings and recommendations herein which 20 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. The court has reviewed the file and finds the findings and recommendations to be 24 25 supported by the record and by the magistrate judge’s analysis. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. The findings and recommendations filed June 13, 2019 (ECF No. 124) are adopted in 28 full; 1 Dockets.Justia.com 1 2. Defendant’s motion to stay these proceedings (ECF No. 119) is granted; 2 3. All proceedings in this case are stayed pending the Ninth Circuit’s decision on the 3 4 interlocutory appeal in Rico v. Ducart, et al., No. 19-15541; and 4. Defendant is ordered to let the court know within seven (7) days of the appeal’s 5 resolution. 6 DATED: August 27, 2019. 7 8 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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