Gaines
Gaines v. De La Fuente
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JACOBI GAINES, Case No. 23-cv-05386-RMI
Plaintiff,
ORDER GRANTING MOTION TO
v. STAY PROCEEDINGS AND
ADMINISTRATIVELY CLOSE THE
K. DE LA FUENTE, CASE Defendant. Re: Dkt. No.
12 Plaintiff, a detainee, filed a pro se civil rights complaint under 42 U.S.C. § 1983. The Court ordered service regarding Plaintiff’s claim that Defendant assaulted him at the county jail. Defendant was served and filed an answer. Defendant has now filed a motion to stay the case because Plaintiff is facing criminal charges in Alameda County regarding the incident. (dkt. 24). Plaintiff did not file an opposition despite being provided a reminder by the Court. (dkt. 27). BACKGROUND There was an encounter between Plaintiff and Defendant on February 9, 2021. (dkt. 1 at 3). Plaintiff alleges that Defendant approached him, grabbed his arm and slammed him into a table. (id. at 3). Defendant…