Petersen
Petersen v. Sims
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KYLE PETERSEN, No. 1:20-cv-00884-DAD-EPG Plaintiff, v. ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND STAYING
ANTHONY SIMS, JR., ACTION Defendant. (Doc. No. 10) 16 17 Plaintiff Kyle Petersen is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 2, 2020, the assigned magistrate judge issued findings and recommendations, recommending that the case be stayed pending completion of plaintiff’s appeal to the Ninth Circuit “concerning the search of his cellular phone.” (Doc No. 10 at 7.) The findings and recommendations were served on plaintiff and contained notice that objections thereto were to be filed within twenty-one (21) days after service. (Id.) …