Carlock

(PC) Evans v. Carlock

Good Law
United States District Court, Eastern District of CaliforniaSeptember 2, 20202:19-cv-00110California653 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD ANTHONY EVANS, No. 2:19-cv-0110-KJM-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS LISA CARLOCK, et al. Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Pending are the court’s findings and recommendations that this action be dismissed without prejudice for failure to state a cognizable section 1983 claim. ECF No. 50. Plaintiff has received numerous extensions and, as of now, has not yet submitted objections or reached the final deadline for doing so. He has, however, filed a motion to stay this action. ECF No. 57. That motion should be denied. The logic of the motion to stay is somewhat difficult to follow, but plaintiff appears to be arguing that: (1) he intends to file a habeas action in this district which invokes the same allegations which form the basis of this section 1983 action (id. at 1, 4); and (2) staying this action will…

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