Daniels v. Aponte
Trial Court Opinion
4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 7 JEREMY DANIELS, Case No. 21-cv-03794-RMI 8 Plaintiff, ORDER 9 v. 10 STEVEN APONTE, et al., ll Defendants.
13 Plaintiff, a former detainee proceeding pro se, filed a civil rights complaint under 42 || U.S.C. § 1983, alleging that he was improperly arrested and subject to excessive force by police.
3 15 This case was stayed pursuant to Wallace v. Kato, 549 U.S. 384, 393 (2007), because criminal a 16 || charges were pending against plaintiff related to the underlying incident. Plaintiff could not obtain 17 || money damages related to this incident until the criminal case had ended in his favor or if he was || convicted and the conviction was reversed.
19 Plaintiff has filed a letter indicating that his criminal case is over and he seeks an extension || to lift the stay. Plaintiff's request is granted. Within fifty-six days, plaintiff may file a motion to || lift the stay that also discusses how his criminal ended. He should indicate if the charges were || dropped or if he was convicted.
23 IT IS SO ORDERED.
24 Dated: March 12, 2025 25 Hh 0 lo 7 ROBERT M. ILLMAN United States Magistrate Judge
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