Opinion
No. CIV S-10-2893 KJM CKD P.
October 5, 2011
ORDER
Plaintiff is a state prisoner proceeding pro se and in forma pauperis pursuant to 42 U.S.C. § 1983. On August 11, 2011, plaintiff filed a motion to stay this action until the completion of his administrative appeals concerning the allegations in this action. However, there is no mechanism for "staying" a section 1983 action, as compared to the "stay and abeyance option" available in habeas corpus actions. See Kilgore v. Mandeville, 2011 WL 4048406 at *2 (E.D. Cal. 2011) (same), citing Rhines v. Weber, 544 U.S. 269 (2005).
Therefore, IT IS HEREBY ORDERED that plaintiff's August 11, 2011 motion to stay (Dkt. No. 16) is denied.