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Lamon v. Junious

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 21, 2010

BARRY LOUIS LAMON, PLAINTIFF,
v.
MAURICE JUNIOUS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER DENYING MOTION FOR STAY AS PREMATURE (Doc. 11)

Plaintiff Barry Louis Lamon, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on March 16, 2009. On January 19, 2010, Plaintiff filed a motion seeking to stay the scheduling order and this action for ninety days.

Plaintiff's Motion is Premature

There is no scheduling order in effect in this case and no other deadlines requiring action from Plaintiff are pending. Plaintiff filed an amended complaint on November 13, 2009, and no action will be taken in this case until the Court has screened the amended complaint. The Court has an extraordinary number of civil cases pending and will screen Plaintiff 's amended complaint in due course. Plaintiff will be notified by order when the amended complaint has been screened and will be directed at that time regarding what action is required of him. If Plaintiff needs additional time to comply with the order once it is issued, he may at that time file a request for an extension of time.

Accordingly, Plaintiff's motion for a stay is premature, and is HEREBY DENIED on that ground.

IT IS SO ORDERED.

20100121

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