Cassady

(PC) Taylor v. Cassady

Good Law
United States District Court, Eastern District of CaliforniaJune 24, 20222:21-cv-01584California494 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH LEE TAYLOR, Case No. 2:21-cv-01584-WBS-JDP (PC) Plaintiff,

ORDER DENYING WITHOUT PREJUDICE

v. PLAINTIFF’S MOTION TO STAY THIS

ACTION

PATRICIA CASSADY, et al.,

Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Plaintiff’s complaint alleges that the state presented false information to the parole board and that part of his conviction rests on perjured testimony. ECF No. 1. The court screened his complaint, found that it did not state a cognizable claim, and granted him thirty days to file an amended complaint. ECF No. 8. Rather than filing an amended complaint, plaintiff has filed a motion that asks for the court to stay this case so that he can file a petition for habeas corpus in state court. ECF No. 11. He asks that, should the court not be amendable to staying this action, the case be voluntarily dismissed so that he can “fulfill his state court(s)…

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