Dawes v. The People of the State of California

Opinion

1 2 3 4 5 6 7 10 11 WILLIAM DAWES, Case No. 19-cv-2122-MMA (WVG)

12 Plaintiff, ORDER EXTENDING STAY OF 13 vs. PROCEEDINGS

[Doc. No. 58] 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 and extended the stay through 24 February 18, 2022. See Doc. Nos. 46, 50. 25 Defendants have filed a Status Report advising the Court that a further stay is 26 warranted due to developments in Plaintiff’s pending criminal proceedings, including 27 issues regarding Plaintiff’s competency, a further stay is warranted. See Doc. No. 58. 28 Upon due consideration of the supporting declaration of defense counsel and the relevant 1 || factors set forth in Keating v. Office of Thrift Supervision, 45 F.3d 322, 324—25 (9th Cir. 2 || 1995), the Court finds that a further stay of this action is appropriate. Neither Plaintiff, 3 || Defendant, nor any interested third parties will suffer prejudice because of an extension 4 ||of the stay of proceedings in this Court. As the Court previously noted, proceedings 5 related to Plaintiff's criminal charges may impact certain claims and issues in this action. 6 Accordingly, the Court ORDERS this action stayed through August 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 || stay. 13 Dated: February 3, 2022 14 [dhs Vu - /huphler 15 HON. MICHAEL M. ANELLO 16 United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28