Sims

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KYLE PETERSEN, No. 1:19-cv-00138-DAD-EPG Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING STAYING THIS

v. ACTION PENDING COMPLETION OF

PLAINTIFF’S APPEAL TO THE NINTH

ANTHONY SIMS, JR. and NICHOLAS CIRCUIT

TORRES,

15 Defendants. 16 Plaintiff Kyle Petersen (“Plaintiff”), a federal prisoner proceeding pro se and in forma pauperis, filed the complaint commencing this Bivens action on January 31, 2019. Plaintiff’s third amended complaint and supplement thereto, (ECF Nos. 9 & 13), allege that Defendants Anthony Sims, Jr. and Nicholas Torres (“Defendants”) violated Plaintiff’s Fourth Amendment rights in searching Plaintiff’s cell phones. Plaintiff pleaded guilty to federal offenses in a case in this district. Plaintiff’s appeal, which is currently pending before the Ninth Circuit, deals with issues that are intertwined with issues in this case. Resolving the issues before the Ninth Circuit may be necessary to determine 25 …