Chau

(PC) Tomasini v. Chau

Good Law
United States District Court, Eastern District of CaliforniaJanuary 13, 20232:18-cv-00286California1,198 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PAUL C. TOMASINI, No. 2:18-cv-0286 DAD AC P Plaintiff, v. ORDER JAMES CHAU, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se and in forma pauperis, seeks relief under 42 U.S.C. § 1983. The matter has been referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. All parties have been served, and this case is in the discovery phase. See ECF No. 38 (discovery and scheduling order). Before the court is plaintiff’s request for a ninety-day stay. ECF No. 62. The document also states that plaintiff would like to “release” the recently deceased defendant D. Gentry1 as a named defendant in this case. ECF No. 62 at 1-2. For the reasons stated below, the court will deny both motions. In addition, plaintiff will be given the opportunity to decide whether he wishes to substitute a different individual in deceased defendant Gentry’s place. 27 1 …

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