United States District Court, E.D. California
EARNEST S. HARRIS, Plaintiff,
SEXON, et al., Defendants.
FINDINGS AND RECOMMENDATION RECOMMENDING TO GRANT
DEFENDANTS' MOTION TO STAY THE PROCEEDINGS [ECF No.
Earnest S. Harris is appearing pro se and in forma pauperis
in this civil rights action pursuant to 42 U.S.C. §
14, 2019, Defendants filed a motion to stay the proceedings.
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.
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.)
December 19, 2018, Defendants filed an answer to the
complaint. (ECF No. 32.)
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.)
January 10, 2019, the Court issued the discovery and
scheduling order. (ECF No. 36.)
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.)
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.)
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.).
April 23, 2019, Defendant P. Vera filed an answer to the
second amended complaint. (ECF No. 44.)
previously stated, on June 14, 2019, Defendants filed a
motion to stay the proceedings. (ECF No. 50.) Plaintiff filed