Brinton

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT G. SAENZ, No. 1:23-cv-01303-KES-BAM (PC) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR A STAY PENDING OUTCOME OF HIS

13 v. PETITION FOR WRIT OF HABEAS

CORPUS

14 BRINTON, et al., (ECF No. 27) 15 Defendants. 16 17 Plaintiff Robert G. Saenz (“Plaintiff”) is a state prisoner proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 19 On February 29, 2024, the undersigned screened the first amended complaint and issued 20 findings and recommendations that this action be dismissed for failure to state a cognizable claim 21 upon which relief may be granted. (ECF No. 22.) Following an extension of time, Plaintiff 22 timely filed objections on April 3, 2024. (ECF No. 26.) In his objections, Plaintiff concedes that 23 this action is barred by Heck v. Humphrey, 512 U.S. 477, 482 (1994), but that he has filed a 24 petition for a writ of habeas corpus together with his objections to the findings and 25 …