Flores

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHAUN DARNELL GARLAND, Case No. 2:20-cv-1061-DAD-JDP (P) Plaintiff, v. ORDER C. FLORES, Defendant. 16 On July 16, 2025, the Court of Appeals issued a memorandum that denied plaintiff’s appeal of the district court’s order granting summary judgment against him. ECF No. 73. The Court of Appeals’s mandate issued November 10, 2025. ECF No. 74. Plaintiff has now filed two motions: a motion to stay and a motion to recall the mandate. ECF Nos. 75 & 76. Plaintiff argues that a stay or recall is needed so that he can “prepare for a ‘rehearing en banc [because] consideration by the full court is necessary to secure or maintain uniformity of the courts decisions.’” ECF No. 75 at 4. Federal Rule of Appellate Procedure 41(d) grants circuit courts the power to “stay the issuance of a mandate pending review by the Supreme Court.” See Fed. R. App. P. 41(d)(2)(A) (instructing that a motion “to stay the mandate pending the filing of…