(PC) Kamilchu v. Sacramento County Sheriff's

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 EDUARD KAMILCHU, No. 2:18-cv-3266 TLN DB P 11 Plaintiff, 12 v. FINDINGS AND RECOMMENDATIONS 13 SACRAMENTO COUNTY SHERIFF’S, et al., 14 Defendants. 15 16 Plaintiff is a former county and current state inmate who was proceeding pro se and in 17 forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to 18 magistrate jurisdiction. (ECF No. 4.) Plaintiff claims his rights were violated in connection with 19 a 2010 driving under the influence (“DUI”) arrest and related court proceedings. Presently before 20 the court is plaintiff’s request for stay and abeyance. (ECF No. 29.) For the reasons set forth 21 below, the undersigned will recommend that the request be denied. 22 By order dated September 22, 2023, the District Judge adopted the undersigned’s findings 23 and recommendations and dismissed this action without prejudice. (ECF No. 23.) Thereafter, 24 plaintiff filed a notice of appeal. The appeal was dismissed for failure to…