Lonnie T. Glinski v. Kasey Morris, et al.

Summary

The United States District Court for the District of Oregon granted Plaintiff Lonnie T. Glinski’s motion to stay his § 1983 action pending resolution of related state habeas proceedings. The court denied his motions for appointment of counsel and a preliminary injunction without prejudice as premature, required periodic status reports, and reserved ruling on the sufficiency of the complaint.

Holdings

1. The court granted a stay because the federal action and the state habeas proceeding substantially overlapped, a stay would conserve judicial resources by avoiding duplicative litigation, and the stay would not significantly delay the case or unduly prejudice Defendants.
2. The court denied the motions for appointment of counsel and preliminary injunction as premature and without prejudice to refiling after the stay is lifted.

Questions Presented

1. Whether the federal civil-rights action should be stayed pending resolution of Plaintiff's related state habeas proceedings.
2. Whether Plaintiff's motions for appointment of counsel and a preliminary injunction should be denied as premature while the action is stayed.

Disposition

other