(PC) Scherffius v. Smith, et al., No. 2:2013cv01277 - Document 67 (E.D. Cal. 2018)

Court Description: ORDER signed by District Judge John A. Mendez on 11/9/2018 ADOPTING 65 findings and recommendations in full. Plaintiff's 63 motion for continuance of stay is GRANTED. Plaintiff shall notify the court within 120 days about the status of his health and whether the stay should remain in place. (Zignago, K.)
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(PC) Scherffius v. Smith, et al. Doc. 67 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL E. SCHERFFIUS, 12 Plaintiff, 13 14 No. 2:13-cv-1277 JAM DB P v. ORDER CHRISTOPHER SMITH, 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 August 15, 2018, the magistrate judge filed findings and recommendations herein 20 21 which were served on all parties and which contained notice to all parties that any objections to 22 the 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. Accordingly, IT IS HEREBY 26 ORDERED that: 1. The findings and recommendations filed August 15, 2018 are adopted in full. 27 28 //// 1 Dockets.Justia.com 1 2. Plaintiff’s motion for continuance of stay (ECF No. 63) is granted. The stay of these 2 proceedings set out in the court’s February 15, 2018 order is continued and this case remains 3 administratively closed. 4 5 3. Plaintiff shall notify the court within 120 days about the status of his health and whether the stay should remain in place. 6 7 8 9 DATED: November 9, 2018 /s/ John A. Mendez____________ _____ UNITED STATES DISTRICT COURT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2