Brent Eli Morris v. George Foley, Sr.
Opinion
Opinion
983 F.2d 1077 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Brent Eli MORRIS, Plaintiff-Appellant, v. George FOLEY, Sr., et al., Defendants-Appellees. No. 91-15220. United States Court of Appeals, Ninth Circuit. Submitted Dec. 21, 1992. * Decided Dec. 31, 1992. Before TANG, NOONAN and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Brent Eli Morris (Morris) appeals the district court's order staying his civil rights action under 42 U.S.C. § 1983 for false arrest and imprisonment and malicious prosecution against his attorney in a criminal proceeding, George Foley, Sr. (Foley), and ten Does. The district court stayed Morris' action pursuant to the automatic stay provisions of the Bankruptcy Code, 11 U.S.C. § 362 (a) after Foley filed a Notice of Pending Bankruptcy with the court. (C.R. 12) 3 Morris does not dispute the validity of the stay as to Foley. Rather, he contends the automatic stay provision applies only to Foley, and not to the ten Doe defendants. Since…