(PC) Geren v. Fisher ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RANDY JAMES GEREN, ) Case No.: 1:19-cv-01662-DAD-SAB (PC) ) 12 Plaintiff, ) ) ORDER DENYING PLAINTIFF’S MOTION TO 13 v. ) STAY THE PROCEEDINGS, AND GRANTING EXTENTION OF TIME TO PAY THE FILING 14 R. FISHER, et.al., ) FEE IN FULL ) 15 Defendants. ) [ECF No. 9] ) 16 ) ) 17 ) 18 Plaintiff Randy James Geren is appearing pro se in this civil rights action pursuant to 42 19 U.S.C. § 1983. 20 Currently before the Court is Plaintiff’s request to stay the proceedings or grant an extension of 21 time to submit the $400.00 filing fee in full, filed December 17, 2019. 22 The United States Supreme Court has indicated that “the power to stay proceedings is 23 incidental to the power inherent in every court to control the disposition of the causes on its docket 24 with economy of time and effort for itself, for counsel, and for litigants. How this can best be done 25 calls for the exercise of judgment, which must weigh competing interests and maintain an even 26 balance. Landis v. North American Co., 299 U.S. 248, 254-55 (1936). “[T]he proponent of the stay 27 bears the burden of establishing its needs.” Clinton v. Jones, 520 U.S. 681, 706 (1997). 28 /// 1 At this juncture, the Court finds that Plaintiff has failed to show that a stay of these 2 || proceedings is necessary. However, on the basis of good cause, the Court will grant Plaintiff thirty 3 || days to submit the filing fee in full. 4 Accordingly, it is HEREBY ORDERED that: 5 1. Plaintiff's motion to stay the proceedings is denied; and 6 2. Plaintiff is granted thirty (30) days from the date of service of this order to submit the 7 $400.00 filing fee in full. 8 9 || IT IS SO ORDERED. Al (ee 10 |) Dated: _ December 19, 2019 OF 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28