Sims

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KYLE PETERSEN, No. 1:19-cv-00138-DAD-EPG 12 Plaintiff, 13 v. REQUEST FOR ADDITIONAL BRIEFING

CONCERNING A STAY OF THIS ACTION

14 ANTHONY SIMS, JR. and NICHOLAS

TORRES,

15 Defendants. 16 17 This Bivens action is proceeding on Plaintiff Kyle Petersen’s (“Plaintiff”) claims that 18 Defendants Anthony Sims, Jr. and Nicholas Torres (“Defendants”) conducted an unconstitutional 19 warrantless search of his cellular telephones that were initially searched and seized by his parole 20 officer. (ECF Nos. 9, 13 & 14). 21 Pending before the Court is Defendants’ Motion to Dismiss. (ECF No. 46). One basis for 22 Defendants’ motion to dismiss is that they are immune from liability based on qualified 23 immunity. (ECF No. 46-1 at 10-14). Defendants argue that they properly searched the phone 24 without a warrant under United States v. Burnette, 698 F.2d 1038, 1049 (9th Cir. 1983), because 25 the initial search by the parole officer was constitutional and the phone remained in…