Sims
(PS) Petersen v. Sims
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KYLE PETERSEN, No. 1:19-cv-00138-DAD-EPG (PS) Plaintiff, v. ORDER REQUIRING SUPPLEMENTAL
BRIEF IN SUPPORT OF MOTION TO
ANTHONY SIMS, JR. and NICHOLAS DISMISS
TORRES,
(ECF No. 46) Defendants. 16 This matter was stayed pending a decision by the Ninth Circuit regarding Plaintiff’s underlying criminal appeal. (See ECF Nos. 79, 81). The Ninth Circuit has since affirmed, United States v. Peterson, 995 F.3d 1061, 1063 (9th Cir. 2021), and granted Plaintiff an extension to file any petition for rehearing no later than July 6, 2021. Additionally, Plaintiff has filed a notice of intent to proceed in this action. (ECF No. 87). Pending before the Court is Defendants’ motion to dismiss Plaintiff’s third amended complaint. (ECF No. 46). The Court concludes that it would be appropriate for the parties to address the impact, if any, that the Ninth Circuit’s decision has on the motion to dismiss before ruling…