Daniels v. Aponte

• Court: District Court, N.D. California
• Decided: March 12, 2025
• Docket: 1:21-cv-03794
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JEREMY DANIELS, Case No. 21-cv-03794-RMI 8 Plaintiff, ORDER 9 v. 10 STEVEN APONTE, et al., ll Defendants. 12

13 Plaintiff, a former detainee proceeding pro se, filed a civil rights complaint under 42 14 || U.S.C. § 1983, alleging that he was improperly arrested and subject to excessive force by police. 3 15 This case was stayed pursuant to Wallace v. Kato, 549 U.S. 384, 393 (2007), because criminal a 16 || charges were pending against plaintiff related to the underlying incident. Plaintiff could not obtain 3 17 || money damages related to this incident until the criminal case had ended in his favor or if he was 18 || convicted and the conviction was reversed. 19 Plaintiff has filed a letter indicating that his criminal case is over and he seeks an extension 20 || to lift the stay. Plaintiff's request is granted. Within fifty-six days, plaintiff may file a motion to 21 || lift the stay that also discusses how his criminal ended. He should indicate if the charges were 22 || dropped or if he was convicted. 23 IT IS SO ORDERED. 24 Dated: March 12, 2025 25 Hh 0 lo 7 ROBERT M. ILLMAN United States Magistrate Judge 28