(PC)Spears v. Chang ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN LOUIS SPEARS, Case No.: 1:22-cv-00726-SKO (PC) 12 Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION TO STAY PROCEEDINGS AND 13 v. STAYING CASE FOR NINETY DAYS 14 FRANK CHANG, (Doc. 33) 15 Defendant. ORDER DISCHARGING ORDER TO SHOW CAUSE 16 (Doc. 32) 17 18 Plaintiff John Louis Spears is proceeding pro se and in forma pauperis in this civil rights 19 action brought pursuant to 42 U.S.C. § 1983. 20 I. INTRODUCTION 21 On March 4, 2024, Defendant Chang filed a Motion to Dismiss Plaintiff’s Complaint. 22 (Doc. 31.) More than 21 days passed without Plaintiff having filed an opposition or a statement 23 of non-opposition. On April 2, 2024, the Court issued its Order to Show Cause (“OSC”) Why 24 Sanctions Should Not Be Imposed for Plaintiff’s Failure to File an Opposition or Statement of 25 Non-Opposition. (Doc. 32.) Plaintiff was directed to respond within 21 days. (Id. at 2.) 26 On April 10, 2024, the United States Postal Service returned the OSC marked 27 “Undeliverable, Unable to Forward.” (Docket entry dated 4/10/24.) On May 2, 2024, the Clerk of 1 California. (Docket entry dated 5/2/24.) 2 On May 1, 2024, Plaintiff filed a document titled “Motion to Stay Proceedings Due to 3 Mental Health Treatment.” (Doc. 33.) More than 21 days have passed without Defendant having 4 filed an opposition nor a statement of non-opposition. Thus, the Court will treat Plaintiff’s motion 5 as unopposed. 6 II. DISCUSSION 7 Plaintiff’s Motion 8 Plaintiff seeks a stay of these proceedings due to his mental health status. (Doc. 33.) 9 Plaintiff states he has been in a mental health crisis bed since March 11, 2024, and on April 10, 10 2024, became a participant in the psychiatric inpatient program. (Id. at 1.) Plaintiff states he 11 “needs time to get his mental health in order, discharged from this higher level of mental health 12 care program,” before he can effectively litigate this matter. (Id.) Plaintiff’s motion is supported 13 by exhibits indicating he was admitted to the California Medical Facility’s Mental Health Crisis 14 Bed Facility on March 11, 2024 (id. at 2-5 [Ex. A]) and became a participant in its psychiatric 15 inpatient program on April 10, 2024 (id. at 6-10 [Ex. B]). 16 Analysis 17 The district court “has broad discretion to stay proceedings as an incident to its power to 18 control its own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997) (citing Landis v. North 19 American Co., 299 U.S. 248, 254 (1936)). A stay is discretionary and the “party requesting a stay 20 bears the burden of showing that the circumstances justify an exercise of that discretion.” Nken v. 21 Holder, 556 U.S. 418, 433–34 (2009). “Generally, stays should not be indefinite in nature.” 22 Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059, 1066–67 (9th Cir. 2007). 23 As noted above, Plaintiff’s motion is unopposed and Plaintiff has established good cause 24 for a stay of these proceedings. The Court will grant Plaintiff’s request for a stay. Although 25 Plaintiff does not state how long of a stay he seeks, the Court will stay this action for 90 days to 26 allow Plaintiff to continue mental health treatment. Clinton, 520 U.S. at 706; Dependable 27 Highway Exp., Inc., 498 F.3d at 1066-67. If after 90 days Plaintiff believes the stay of this action 1 Any subsequent request should include the length of the stay Plaintiff believes is necessary and 2 shall be supported by relevant documentation. The Court will also discharge the previously issued 3 OSC and will re-set the deadline for the filing of Plaintiff’s opposition to Defendant’s pending 4 motion to dismiss once the stay of these proceedings has been lifted. 5 III. CONCLUSION AND ORDER 6 Based upon the foregoing, IT IS HEREBY ORDERED that: 7 1. Plaintiff’s motion to stay these proceedings (Doc. 33) is GRANTED; 8 2. This action is STAYED for 90 days from the date of this order; 9 3. The deadline to oppose Defendant’s motion to dismiss will be re-set once the stay of 10 these proceedings is lifted; and 11 4. The OSC issued April 2, 2024 (Doc. 32) is DISCHARGED. 12 IT IS SO ORDERED. 13 14 Dated: May 23, 2024 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27