Seefeldt v. California Department of Corrections and Rehabilitation

Full title: BRIAN S. SEEFELDT, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND…

Court: United States District Court, E.D. California

Date published: Oct 29, 2008

No. CIV S-08-0232 JFM P (E.D. Cal. Oct. 29, 2008)

Opinion

No. CIV S-08-0232 JFM P.

October 29, 2008

ORDER

JOHN MOULDS, Magistrate Judge

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. On October 10, 2008, plaintiff filed a request to stay this action for a period of three months while plaintiff is undergoing and recovering from brain surgery. Defendant has filed a statement of non-opposition to the request. Defendant requests that he be given a period of thirty days after the stay is lifted to file a responsive pleading.

Good cause appearing, IT IS HEREBY ORDERED that:

1. Plaintiff's October 10, 2008 request to stay this action is granted;

2. This action is stayed until further order of court;

3. Plaintiff is directed to file a request to lift the stay of this action as soon as practicable following recovery from his surgery and is cautioned that this action will not proceed further unless and until he files a request to lift the stay;

4. Defendant is relieved of the obligation to file a responsive pleading until further order of court; and

5. The Clerk of the Court is directed to administratively close this action.