Murschel

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 LANCE MURSCHEL, Case No.: 3:17-cv-1142-BTM-AGS

CDCR #P-04895,

ORDER DENYING PLAINTIFF’S

Plaintiff, MOTION FOR STAY AND vs. ABEYANCE

[ECF No. 81] DANIEL PARAMO, et al., 16 Defendant. 17 18 19 20 Lance Murschel (“Plaintiff”), currently incarcerated at the California Medical Facility (“CMF”) located in Vacaville, California, is proceeding pro se and in forma pauperis (“IFP”) in this civil rights action filed pursuant to 42 U.S.C. § 1983. Currently before this Court is Plaintiff’s “Motion [to] Stay [and] Abeyance.” (ECF No. 8.) Defendants have filed an Opposition to Plaintiff’s Motion. (ECF No. 83) Plaintiff seeks this stay in order to “exhaust all administrative remedies.” (Id. at 1.) However, there is no pending motion arguing that Plaintiff failed to exhaust his administrative remedies prior to filing this action. In fact, the Court denied Defendant 1 …