Jennings

Mora Fraga v. Jennings

Good Law
United States District Court, Northern District of CaliforniaJuly 7, 20214:21-cv-01434California350 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JORGE M.F., Case No. 21-cv-01434-JST

Plaintiff,

ORDER TO SHOW CAUSE WHY

v. CASE SHOULD NOT BE STAYED

DAVID JENNINGS, et al., Re: ECF No. 29 Defendants.

12 Before the Court is Petitioner’s petition for writ of habeas corpus. ECF No. 1. On April 14, 2021, this Court granted Petitioner’s motion for a preliminary injunction on the grounds that Petitioner had made the requisite showing of “serious questions going to the merits” of his due process claims. See ECF No. 19. Respondents have appealed that order. ECF No. 29. A district court’s discretion to stay proceedings “is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936). Whether to stay proceedings is entrusted to the discretion of the district court. See id. 254-55 (“How this can best be…

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