Eggleston

MEMORANDUM *

Plaintiff Linda Eggleston brought this action under 42 U.S.C. § 1983 , alleging violations of her rights under the Fourth and Fifth Amendments to the United States Constitution. 1 The district court stayed proceedings on (1) the Fourth Amendment claims pending the outcome of Fourth Amendment claims in the state criminal appeal involving Plaintiffs son, Brian Eggleston, and (2) the Fifth Amendment claim pending the outcome of Plaintiffs state-court action for inverse condemnation. Plaintiff appeals the first ruling, but not the second. We dismiss Plaintiffs appeal of the stay as moot and remand.

Plaintiffs Fourth Amendment claims are:

The district court concluded that Plaintiffs two Fourth Amendment claims pertaining to the October warrant were “inextricably intertwined with the state court criminal appellate proceedings” involving Plaintiffs son. For that reason, the court stayed all of Plaintiffs Fourth Amendment claims “pending a final decision of Brian Eggleston’s state criminal appeal.”

On September 14, 2001, the Washington Court of Appeals decided Brian Eggleston’s case in an unpublished opinion. Appellant’s Supp. Br.App. D (“Appendix D”); State v. Eggleston,…