(PC) Penn v. Warden of Kern Valley State Prison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARLIN PENN, Case No. 1:18-cv-01482-AWI-HBK (PC) Plaintiff, ORDER FINDING PLAINTIFF’S MOTION

TO STAY MOOT

v. (Doc. No. 84) A. LUCAS, Defendant. 16 Pending before the Court is Plaintiff’s motion to stay, filed April 27, 2023. (Doc. No. 84). Plaintiff seeks a stay of this action due to his placement in restrictive housing. (Id.). On May 3, 2023, Defendant filed an opposition to the motion arguing the motion is moot because Plaintiff is no longer housed in restrictive housing. (Doc. No. 89). Defendant filed the Declaration of Brian Hancock, Litigation Coordinator at Kern Valley State Prison, in support of the opposition. (Doc. No. 89-1). Mr. Hancock attaches to his Declaration as an exhibit, “a true and correct copy of Plaintiff Marlin Penn's "External Movements" worksheet that covers the period from October 11, 2022 to April 25, 2023,” which show that on April 25, 203 Plaintiff was moved from California’s State Prison’s…