(PC) Thomas v. Fernandes

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL THOMAS, Case No. 1:25-cv-00404-FJS (PC) 12 Plaintiff, ORDER DISCHARGING JUNE 18, 2026, ORDER TO SHOW CAUSE 13 v. (ECF No. 48)

14 FERNANDES, et al., ORDER CONSTRUING STATUS REPORT AS MOTION TO CONTINUE STAY OF 15 Defendants. CASE (ECF No. 50) 16 ORDER GRANTING PLAINTIFF’S MOTION 17 TO CONTINUE STAY OF CASE (ECF No. 50) 18 ORDER DIRECTING PLAINTIFF TO FILE 19 STATUS REPORT REGARDING PROPERTY 20 THIRTY (30) DAY DEADLINE 21 22 Plaintiff Michael Thomas (“Plaintiff”) is a current federal prisoner and former California 23 state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This 24 action proceeds on Plaintiff’s first amended complaint against Defendants Fernandes, Manhas, 25 Palomino, Tseng, and “SMART” Committee members Defendants M. Arca, E. Conanan, F. 26 Igbinosa, E. dos-Santos-Chen, P. Tafyoa, B. Stepke, A. Ola, J. Bal, and M. Boparai in their 27 individual capacities for medical deliberate indifference in violation of the Eighth Amendment. 28 1 On October 14, 2025, the court granted Plaintiff’s motion to stay this action, pending 2 further order of the court, while he awaited transfer to his “final destination” institution and to 3 allow him to obtain possession of his legal materials. (ECF No. 33.) After reaching his final 4 destination, Federal Correctional Institution Lompoc II (“FCI Lompoc II”), Plaintiff informed the 5 court that he was forced to dispose of his legal materials during his transfer and requested that the 6 stay continue until he could work with an attorney to obtain his legal materials again. (ECF No. 7 45.) The court granted the request and directed Plaintiff to promptly notify the court once he was 8 in possession of his legal materials, or to file a status report regarding the status of his legal 9 materials within thirty days. (ECF No. 45.) On June 18, 2026, the court issued an order for 10 Plaintiff to show cause regarding his failure to file a status report. (ECF No. 48.) 11 On June 22, 2026, Plaintiff filed a notice of his intent to file a status report regarding his 12 property, signed and dated June 14, 2026. (ECF No. 49.) Four days later, Plaintiff filed a status 13 report regarding property, motion to forgive late filing of status report, and motion to continue 14 stay of case. (ECF No. 50.) Defendants filed a non-opposition to Plaintiff’s request to extend stay. 15 (ECF No. 51.) Although Plaintiff has not had the opportunity to file a reply, the court finds 16 further briefing is unnecessary. Plaintiff’s status report is construed as a motion to extend stay and 17 the motion is deemed submitted. Local Rule 230(l). 18 The district court “has broad discretion to stay proceedings as an incident to its power to 19 control its own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997) (citing Landis v. North 20 American Co., 299 U.S. 248, 254 (1936)). A stay is discretionary and the “party requesting a stay 21 bears the burden of showing that the circumstances justify an exercise of that discretion.” Nken v. 22 Holder, 556 U.S. 418, 433–34 (2009). “Generally, stays should not be indefinite in nature.” 23 Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059, 1066–67 (9th Cir. 2007). 24 If a stay is especially long or its term is indefinite, a greater showing is required to justify it. Yong 25 v. I.N.S., 208 F.3d 1116, 1119 (9th Cir. 2000). The court should “balance the length of any stay 26 against the strength of the justification given for it.” Id. 27 In his status report, Plaintiff explains the many steps he and his attorney have taken to 28 reunite him with his legal materials. (ECF No. 50.) Considering Plaintiff’s diligence and 1 | continuing efforts to obtain his legal materials, the court finds Plaintiff established good cause to 2 | continue the stay of this action to allow him additional time to obtain possession of his legal 3 | materials. Further, the court finds that, because of Defendants’ statement of non-opposition, 4 | Defendants will not be prejudiced by the continued stay of this action. Further, not all defendants 5 || have been served and no defendant has yet filed a response to the operative complaint. 6 Based on the foregoing, it is HEREBY ORDERED as follows: 7 1. The June 18, 2026, order to show cause, (ECF No. 48), is DISCHARGED; 8 2. Plaintiffs June 26, 2026, status report, (ECF No. 50), is CONSTRUED as a motion to 9 continue stay of case; 10 3. Plaintiff's motion to continue stay of case, (ECF No. 50), is GRANTED; 11 4. The instant action remains STAYED pending further order of the court; 12 5. Plaintiff shall promptly notify the court once he is in possession of his legal materials; 13 6. Within thirty (30) days of the date of service of this order, if Plaintiff has not yet received 14 his legal materials, Plaintiff shall file a status report with the court to apprise the court of 15 the status of his legal materials; and 16 7. No defendant is required to file a response to the operative complaint until further order 17 by the court. 18 19 IT IS SO ORDERED. Vy 2 7 | Dated: _ July 6, 2026 ahi A UNITED STATESMA dSTRATE JUDGE

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