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Harris v. Sexon

United States District Court, E.D. California

September 10, 2019

EARNEST S. HARRIS, Plaintiff,
v.
SEXON, et al., Defendants.

          FINDINGS AND RECOMMENDATION RECOMMENDING TO GRANT DEFENDANTS' MOTION TO STAY THE PROCEEDINGS [ECF NO. 50]

         Plaintiff Earnest S. Harris is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

         On June 14, 2019, Defendants filed a motion to stay the proceedings.

         I.

         BACKGROUND

         This action is proceeding against Defendants Sexton, Aquirre, Stewart, Lambert, Gutierrez, L. Cellobos, and I. Ramirez for subjecting Plaintiff to conditions of confinement in violation of the Eighth Amendment.

         On July 10, 2018, Defendants filed the instant motion to dismiss the action on the ground that Defendants are entitled to qualified immunity. (ECF No. 19.) Plaintiff filed an opposition on August 10, 2018, and Defendants filed a reply on August 16, 2018. (ECF Nos. 22, 27.) On September 6, 2018, the undersigned issued Findings and Recommendations recommending that Defendants' motion to dismiss be denied. (ECF No. 28.) The Findings and Recommendations were adopted in full on December 5, 2018. (ECF No. 30.)

         On December 19, 2018, Defendants filed an answer to the complaint. (ECF No. 32.)

         On December 21, 2018, the Court referred the case to the post-screening Alternative Dispute Resolution and set the case for a settlement conference on March 26, 2019. (ECF No. 33.) On January 7, 2019, Defendants opted-out of the settlement conference. (ECF No. 34.)

         On January 10, 2019, the Court issued the discovery and scheduling order. (ECF No. 36.)

         On January 28, 2019, Plaintiff filed a motion to amend the complaint to add Defendant P. Vera, Chief Deputy Warden at Corcoran State Prison. (ECF No. 38.)

         On February 22, 2019, the Court granted Plaintiff's motion to amend the complaint and directed the Clerk of Court to file Plaintiff's second amended complaint. (ECF No. 41.)

         On March 27, 2019, Defendants filed a notice of related cases in this case indicating the same factual situation as in Rico v. Beard, et al., No. 2:17-cv-1402 (E.D. Cal.).

         On April 23, 2019, Defendant P. Vera filed an answer to the second amended complaint. (ECF No. 44.)

         As previously stated, on June 14, 2019, Defendants filed a motion to stay the proceedings. (ECF No. 50.) Plaintiff filed ...


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