Dawes v. The People of the State of California

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA WILLIAM DAWES, Case No. 19-cv-2122-MMA (WVG) 12 Plaintiff, ORDER EXTENDING STAY OF 13 vs. PROCEEDINGS THE PEOPLE OF THE STATE OF [Doc. No. 58] CALIFORNIA, et al.

Defendants.

18 Plaintiff William Dawes, a California inmate proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983 against Defendants Bravo, Gene, Ugalde, Ausbury, Silva, Shellano, Ayala, Solis, and Zuniga. See Doc. No. 13. The parties previously moved to stay these proceedings for a period of four months pending the outcome of related criminal proceedings in state court. See Doc. No. 44; see also S.D. Sup. Ct. No. SCS287189. The Court granted the motion and extended the stay through February 18, 2022. See Doc. Nos. 46, 50.

25 Defendants have filed a Status Report advising the Court that a further stay is warranted due to developments in Plaintiff’s pending criminal proceedings, including issues regarding Plaintiff’s competency, a further stay is warranted. See Doc. No. 58.

28 Upon due consideration of the supporting declaration of defense counsel and the relevant || factors set forth in Keating v. Office of Thrift Supervision, 45 F.3d 322, 324—25 (9th Cir. || 1995), the Court finds that a further stay of this action is appropriate. Neither Plaintiff, || Defendant, nor any interested third parties will suffer prejudice because of an extension ||of the stay of proceedings in this Court. As the Court previously noted, proceedings related to Plaintiff's criminal charges may impact certain claims and issues in this action.

6 Accordingly, the Court ORDERS this action stayed through August 18, 2022.

7 || The Court further ORDERS Defendants to submit a status report no later than five (5) court days prior to the expiration of the stay advising the Court regarding the related || criminal proceedings and indicating whether circumstances warrant a further stay of these 10 proceedings. After consideration of the report, the Court will decide whether to lift the || stay.

12 IT IS SO ORDERED.

13 Dated: February 3, 2022 14 [dhs Vu - /huphler 15 HON. MICHAEL M. ANELLO 16 United States District Judge