1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES EDWARD ROSE, Case No. 1:25-cv-00461-HBK (HC) 12 Petitioner, ORDER GRANTING RESPONDENT’S MOTION FOR A STAY OF BRIEFING IN 13 v. LIGHT OF LAPSE OF APPROPRIATIONS

14 J. DOERER, Warden,1 (Doc. No. 13)

15 Respondent. ORDER DIRECTING RESPONDENT TO RETURN CONSENT/DECLINE TO 16 JURISDICTION OF MAGISTRATE JUDGE FORM WITHIN FIVE (5) DAYS 17

18 19 Pending before the Court is Respondent’s motion for a stay of briefing in light of the lapse 20 of appropriations to the Department of Justice at the end of the day on September 30, 2025, which 21 also affected the Bureau of Prisons (“BOP”). (Doc. No. 13). Respondent requests a stay of 22 briefing until Congress has restored appropriations in order to provide the information necessary 23 to effectively respond to Petitioner’s arguments. (Id.). 24 The court is vested with broad discretion to stay a case. Clinton v. Jones,

, 25 705 (1997) (citing Landis v. North American Co.,

(1936)). As a rule, “stays 26

27 1 Upon screening of his initial petition, the Court found the petition incorrectly named “The United States of America” as Respondent. (Doc. No. 4). In his first amended petition (Doc. No. 6), Petitioner corrected 28 the deficiency and named J. Doerer, Warden as the proper respondent. 1 | should not be indefinite in nature.” Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 2 | F.3d 1059, 1066-67 (9th Cir. 2007). Ifa stay is especially long or indefinite, a greater showing is 3 | required to justify it and the court must “balance the length of any stay against the strength of the 4 | justification given for it.” Yong v. LN.S.,

(9th Cir. 2000). For good cause 5 | shown, the Court that a stay of the briefing schedule is appropriate. 6 The Court also notes that Respondent has failed to comply with the Court’s orders 7 | directing return of the Consent/Decline to Jurisdiction of Magistrate Judge form (Doc. Nos. 7, 11) 8 | and directs the return the form no later than five (5) days of the entry of this order. 9 Accordingly, it is ORDERED: 10 1. Respondent’s unopposed motion to stay (Doc. No. 13) is GRANTED. 11 2. The briefing schedule is hereby STAYED. 12 3. No later than seven (7) days after Congress has restored appropriations to the Department 13 of Justice, Respondent shall file a request to lift the stay and a proposed briefing schedule. 14 4. No later than five (5) days from the entry of this order, Respondent shall return the 15 Consent/Decline to Jurisdiction of a Magistrate Judge form. 16 5. The Clerk of Court is directed to reissue the Consent/Decline to Jurisdiction of a 17 Magistrate Judge form to Respondent. 18 6. The Clerk of Court is directed to update the docket to reflect J. Doerer, Warden as proper 19 Respondent. 20 | Dated: _ October 21, 2025 Mihaw. fares Back 22 HELENA M. BARCH-KUCHTA 33 UNITED STATES MAGISTRATE JUDGE

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