(PC) Concepcion v. California Department of Corrections and Rehabilitation

Good Law
United States District Court, Eastern District of CaliforniaOctober 27, 20211:18-cv-01743California853 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MYCHAL MACIAS (f/k/a MICHELLE Case No. 1:18-cv-01743-NONE-JLT (PC)

CONCEPCION),

12 Plaintiff, ORDER DENYING DEFENDANTS’ MOTION TO STAY PROCEEDINGS v. (Docs. 61-62, 64)

CALIFORNIA DEPARTMENT OF

CORRECTIONS AND REHABILITATION, et al., 16 Defendants. 17 Defendants have filed a motion to stay the proceedings in this matter.1 (Doc. 64.) Defendants state that “Plaintiff is scheduled for an initial consultation in October 2021 with an outside treating surgeon for his approved request for gender affirming surgery.” 2 (Id. at 4.) Defendants argue that “the completion of Plaintiff’s surgery would moot Plaintiff’s injunctive relief claim for surgery,” and thus a stay of these proceedings until such completion is appropriate. (Id. at 3.) Plaintiff opposes Defendants’ motion. (Doc. 70.) Plaintiff states that the “one pending ‘approved’ surgery, a bilateral reduction mammoplasty, . . . is inconsistent and inadequate to 26 1 The Court…

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