(PS)McGee

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PHILOMENA G MCGEE, et al., No. 2:21–cv–2216–KJM–KJN PS Plaintiffs, ORDER v. (ECF No. 7.) KIMBERLY MANSFIELD, et al., Defendants. 16 On December 2, 2021, plaintiffs filed the instant action, alleging multiple claims against officers of the California Department of Justice related to an April 2021 search and seizure at plaintiffs’ residence. Defendants now move to stay the case under Wallace v Kato, noting plaintiff Bird’s criminal proceedings in state court are currently ongoing, and conviction would require dismissal of this civil case under Heck v. Humphrey. (ECF No. 7.) The court ordered opposition briefing, and thereafter took the matter under submission without a hearing pursuant to Local Rule 230(g). (ECF No. 8.) Plaintiffs filed no opposition. For the reasons that follow, the court orders this case stayed until the underlying criminal proceedings have concluded. /// 27 1 Plaintiffs are proceeding without…