Opinion
No. CIV S-03-1107 LKK KJM P.
August 1, 2006
ORDER
Plaintiff a California prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. On June 2, 2006, the court recommended that this action be stayed, based on a motion brought by defendants, because plaintiff had been found to be incompetent to stand trial in a California criminal matter. Defendants have now informed the court that prior to the issuance of the findings and recommendations plaintiff was found competent to stand trial and entered a guilty plea. Plaintiff has not responded to defendants' latest filing.
Good cause appearing, IT IS HEREBY ORDERED that:
1. The court's June 2, 2006 findings and recommendations are vacated;
2. Defendants' October 31, 2005 motion for a stay is denied as moot;
3. The dates established in the court's October 12, 2005 scheduling order are vacated; and
4. Within twenty days of this order, the parties shall inform the court if and why further discovery is appropriate.