Parriot

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LAWRENCE CHRISTOPHER SMITH, 1:19-cv-00286-NONE-GSA-PC

Plaintiff, ORDER DENYING PLAINTIFF’S

MOTION FOR STAY

vs. (ECF No. 62.)

PARRIOT, et al.,

Defendants.

18 I. BACKGROUND Lawrence Christopher Smith (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action filed pursuant to 42 U.S.C. § 1983. This case now proceeds with the First Amended Complaint filed on September 10, 2020, against defendants Cantu, W. Gutierrez, and Mattingly (“Defendants”) for use of excessive force in violation of the Eighth Amendment. (ECF No. 22.) On September 15, 2021, Defendants filed a motion for summary judgment based on Plaintiff’s failure to exhaust remedies and pursuant to Heck v. Humphrey, 512 U.S. 477 (1994.) (ECF No. 47.) On February 10, 2022, the Magistrate Judge entered findings and recommendations, recommending that the motion for summary judgment be…