Futch

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 LEOTHURS FUTCH, Case No. 19-cv-02981-EMC

Plaintiff,

ORDER TO STAY AND

v. ADMINISTRATIVELY CLOSE THE

ACTION

KEVIN LEMUS, et al., Docket No. 26 Defendants.

12 This is a pro se prisoner’s civil rights action under 42 U.S.C. § 1983 in which Plaintiff alleges that Richmond Police Department officers used excessive force when they arrested him on December 6, 2018. The matter is now before the Court for consideration of Defendant’s motion to stay the action. Plaintiff has opposed the motion. Defendants move to stay this action until Plaintiff’s state court criminal case is resolved because, among other things, a conviction in that action would bar Plaintiff’s complaint under the Heck rule. Defendants show that there is a pending state court criminal case against Plaintiff arising from the December 6, 2018, incident that gives rise to the excessive force claim Plaintiff presents in this action. The criminal charges…