McComber

(PC) Wheaton v. McComber

Good Law
United States District Court, Eastern District of CaliforniaAugust 25, 20232:22-cv-01434California335 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GENE PAUL WHEATON, No. 2:22-cv-01434-JDP (PC) Plaintiff, v. ORDER J. MCCOMBER, et al., Defendants. 16 Plaintiff, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has filed a motion to stay the proceeding for 180 days “pending exhaustion of two Defendants and one related claim,” and so that his “jail house lawyer” has time to review the record and draft an amended complaint. ECF No. 20 at 1, 3. The court construes plaintiff’s motion as a request for additional time and grants the motion in part. Plaintiff shall file an amended complaint within forty-five days of this order’s entry. Accordingly, it is hereby ORDERED that: 24 1 Plaintiff moves to stay this proceeding so that he can exhaust “two Defendants and one 25 related claim.” If plaintiff is referring to exhausting his administrative remedies, he is reminded that exhaustion of administrative remedies is a…

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