(PC) Donaldson v. Garland

Good Law
United States District Court, Eastern District of CaliforniaAugust 31, 20212:21-cv-01178California771 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD JULIUS DONALDSON, No. 2:21cv1178 KJN Plaintiff, v. ORDER MERRICK GARLAND, et al., Defendants. 16 Plaintiff is a federal prisoner. On June 29, 2021, plaintiff was notified that he was required to file a request to proceed in forma pauperis on the correct form. Since that notice issued, this action was transferred to the Eastern District. Plaintiff now moves for a stay of this action because he is out to court, and not presently in the custody of the Bureau of Prisons. “District courts have the discretion to stay proceedings pending before them.” Patton v. DePuy Orthopaedics, Inc., 2019 WL 851933, at *3 (C.D. Cal. Feb. 21, 2019) (citing Landis v. N.A. Co., 299 U.S. 248, 254-55 (1936), and Lockyer v. Mirant Corp., 398 F.3d 1098, 1109 (9th Cir. 2005)); see also Confederated Tribes & Bands of Yakama Nation v. Airgas USA, LLC, 435 F. Supp. 3d 1103, 1127 (D. Or. 2019) (“This court has the inherent power to control its…

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