Dawes v. The People of the State of California

Opinion

1 2 3 4 5 6 7 10 11 WILLIAM DAWES, Case No. 19cv2122-MMA-WVG

12 Plaintiff, ORDER EXTENDING STAY OF 13 vs. PROCEEDINGS

[Doc. No. 49] CALIFORNIA, et al. 15 Defendants. 16 17 18 Plaintiff William Dawes, a California inmate proceeding pro se, brings this civil 19 rights action pursuant to 42 U.S.C. § 1983 against Defendants Bravo, Gene, Ugalde, 20 Ausbury, Silva, Shellano, Ayala, Solis, and Zuniga. See Doc. No. 13. The parties 21 previously moved to stay these proceedings for a period of four months pending the 22 outcome of related criminal proceedings in state court. See Doc. No. 44; see also S.D. 23 Sup. Ct. No. SCS287189. The Court granted the motion; this matter is currently stayed. 24 See Doc. No. 46. 25 Defendants have filed a Status Report advising the Court that due to developments 26 in Plaintiff’s pending criminal proceedings, including issues regarding Plaintiff’s 27 competency, a further stay is warranted. See Doc. No. 49. Upon due consideration of the 28 supporting declaration of defense counsel and the relevant factors set forth in Keating v. 1 || Office of Thrift Supervision, 45 F.3d 322, 324-25 (9th Cir. 1995), the Court finds that a 2 || further stay of this action is appropriate. Neither Plaintiff, Defendant, nor any interested 3 || third parties will suffer prejudice because of an extension of the stay of proceedings in 4 ||this Court. As the Court previously noted, proceedings related to Plaintiff's criminal 5 || charges may impact certain claims and issues in this action. 6 Accordingly, the Court ORDERS this action stayed through February 18, 2022. 7 || The Court further ORDERS Defendants to submit a status report no later than five (5) 8 court days prior to the expiration of the stay advising the Court regarding the related 9 || criminal proceedings and indicating whether circumstances warrant a further stay of these 10 proceedings. After consideration of the report, the Court will decide whether to lift the 11 13 || Dated: June 30, 2021 Whthut CTU - / hphlr 14 HON. MICHAEL M. ANELLO 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 5 ee