Petersen
Petersen v. Buyard
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KYLE PETERSEN, No. 1:20-cv-00954-DAD-EPG Plaintiff, v. ORDER FOR BRIEFING CONCERNING
STAY OF THIS ACTION
MEKISHA BUYARD, Defendant. 16 Plaintiff Kyle Petersen (“Plaintiff”), a federal prisoner proceeding pro se and in forma pauperis, commenced this action by filing a civil-rights complaint pursuant to 42 U.S.C. § 1983 on July 9, 2020. (ECF No. 1). Plaintiff’s complaint alleges that Defendant Mekisha Buyard, his former parole agent, violated his Fourth Amendment rights by sending his cellular phones to federal agents in a manner not permitted by his parole conditions. These searches—and others—were at issue in Plaintiff’s criminal case, United States v. Petersen, 1:17-cr-00255-NONE-SKO (“Criminal Case”).1 Plaintiff was convicted in that case and has appealed his conviction to the Ninth Circuit. See United States v. Peterson, No. 19-10246 (9th Cir.). That appeal is still pending before the Ninth Circuit. …