Rivera III v. Attorney General Monty Wilkinson
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FIDEL C. RIVERA III, Case No.: 21-cv-213-MMA (AGS)
ORDER GRANTING PLAINTIFF’S
Plaintiff, MOTION FOR LEAVE TO AMEND v. AND JOINT MOTION TO STAY 13 ATTORNEY GENERAL MERRICK B. [Doc. No. 13] GARLAND, et al., 15 Defendants. 16 17 On July 29, 2021, Plaintiff Fidel C. Rivera III (“Plaintiff”) and Defendant Department of Justice Attorney General Merrick B. Garland (“Defendant”) filed a joint motion to stay this action. Plaintiff also seeks leave to file an amended complaint. Plaintiff’s request is unopposed to date. For the reasons set forth below, the Court GRANTS the parties’ joint motion to stay and GRANTS Plaintiff’s motion for leave to file an amended complaint. I. MOTION TO STAY “A district court has discretionary power to stay proceedings in its own court.” Lockyer v. Mirant Corp., 398 F.3d 1098, 1109 (9th Cir. 2005) (citing Landis v. N. Am. Co., 299 U.S. 248, 254 (1936)). “[T]he power…