Opinion

(PC) Smith v. Parriot

Court
District Court, E.D. California
Filed
Jul 14, 2022
Cited by
0 cases
Authority
More cited than 18.1%

The opinion

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8 UNITED STATES DISTRICT COURT

9 EASTERN DISTRICT OF CALIFORNIA

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11 LAWRENCE CHRISTOPHER SMITH, 1:19-cv-00286-NONE-GSA-PC

12 Plaintiff, ORDER DENYING PLAINTIFF’S

MOTION FOR STAY

13 vs. (ECF No. 62.)

14 PARRIOT, et al.,

15 Defendants.

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19 I. BACKGROUND

20 Lawrence Christopher Smith (“Plaintiff”) is a state prisoner proceeding pro se and in

21 forma pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. This case now

22 proceeds with the First Amended Complaint filed on September 10, 2020, against defendants

23 Cantu, W. Gutierrez, and Mattingly (“Defendants”) for use of excessive force in violation of the

24 Eighth Amendment. (ECF No. 22.)

25 On September 15, 2021, Defendants filed a motion for summary judgment based on

26 Plaintiff’s failure to exhaust remedies and pursuant to Heck v. Humphrey, 512 U.S. 477 (1994.)

27 (ECF No. 47.) On February 10, 2022, the Magistrate Judge entered findings and

28 recommendations, recommending that the motion for summary judgment be granted. (ECF No.

1 57.) Plaintiff’s objections to the findings and recommendations were due on July 4, 2022, by

2 this Court's order, but Plaintiff has not yet filed objections. (ECF No. 61.)

3 On June 29, 2022, Plaintiff filed a motion to stay the resolution of Defendants’ pending

4 motion for summary judgment. (ECF No. 62.) Defendants have not filed an opposition to

5 Plaintiff’s motion to stay, and the time in which to do so has expired. Therefore, Plaintiff’s

6 motion for stay is now before the court. Local Rule 230(l).

7 II. MOTION FOR STAY

8 A district court “has broad discretion to stay proceedings as an incident to its power to

9 control its own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997) (citing Landis v. North

10 American Co., 299 U.S. 248, 254 (1936)). The party seeking the stay bears the burden of

11 establishing the need to stay the action. Clinton, 520 U.S. at 708. In considering an application

12 for a stay, the Court considers: (1) whether the stay applicant has made a strong showing that he

13 is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a

14 stay; (3) whether issuance of the stay will substantially injure the other parties interested in the

15 proceeding; and (4) where the public interest lies. Coleman v. Brown, 960 F.Supp.2d 1057

16 (E.D.Cal. 2013) (citing Nken v. Holder, 556 U.S. 418, 434, 129 S.Ct. 1749, 173 L.Ed.2d 550

17 (2009); Humane Soc. of U.S. v. Gutierrez, 558 F.3d 896, 896 (9th Cir. 2009).

18 Discussion

19 Plaintiff seeks a stay of Defendants’ motion for summary judgment to allow him time to

20 amend his complaint in a related action, Smith v. Secretary, 2:21-cv-00519-WSB-DB, and to

21 consolidate all of his actions pending before the Court. Based upon the factors referenced above

22 the Court shall deny Plaintiff’s motion for a stay.

23 First, Plaintiff is not likely to succeed on the merits of this case, considering that the

24 Magistrate Judge has entered findings and recommendations to dismiss the case for failure to

25 state a claim. Second, Plaintiff has not made a showing that he will be irreparably injured absent

26 a stay. The imposition of a stay in this action does not equate to a resolution of the motion for

27 summary judgment in Plaintiff’s favor. However, delay of resolution of the motion for summary

28 judgment would undoubtedly be prejudicial to Defendants. Finally, the public interest lies in

1 expeditious resolution of litigation, favoring the denial of Plaintiff’s motion for stay. Yourish v.

2 California Amplifier, 191 F.3d 983, 990 (9th Cir. 1999). Based on the foregoing, Plaintiff’s

3 motion for stay shall be denied.

4 III. CONCLUSION

5 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for stay, filed on June

6 29, 2022, is denied.

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IT IS SO ORDERED.

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9 Dated: July 13, 2022 /s/ Gary S. Austin

UNITED STATES MAGISTRATE JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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