Beard

(PC) Wilson v. Beard

Good Law
United States District Court, Eastern District of CaliforniaAugust 29, 20191:15-cv-01424California878 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JASPER F. WILSON, No. 1:15-cv-1424 KJM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS JEFFREY A. BEARD, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff alleges use of the Guard One security check system when he was incarcerated at the California Correctional Institution (“CCI”) violated his Eighth Amendment rights. Recently, this court asked the parties for their positions on a stay pending resolution of the interlocutory appeal in a related case. Both parties responded that a stay is appropriate. For the reasons set forth below, this court will recommend a stay of these proceedings pending the Ninth Circuit’s resolution of the defendants’ interlocutory appeal in Rico v. Beard, No. 2:17-cv-1402 KJM DB P. BACKGROUND Plaintiff is currently incarcerated at Calipatria State…

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