Garrick Lashun Miller v. Brad Taylor, et al.

Summary

The United States District Court for the Northern District of Mississippi denied Garrick Lashun Miller’s motion for miscellaneous relief. The court denied requests to stay proceedings, extend the deadline for service of process, and preserve evidence, explaining that the § 1983 cause of action had not accrued under Heck v. Humphrey while Miller’s related habeas petition remained pending.

Holdings

1. A stay was unnecessary because the plaintiff's civil cause of action would accrue only if he prevailed on his pending habeas corpus petition, and the limitations period had not begun to run.
2. The request to extend the deadline for service of process was denied because the plaintiff's cause of action had not accrued and service therefore was not yet required.
3. The request for an order requiring preservation of evidence was denied because the plaintiff alleged no facts supporting a risk that relevant evidence might be lost or destroyed.

Questions Presented

1. Whether the civil proceedings should be stayed while the plaintiff's related habeas corpus petition was pending.
2. Whether the deadline for service of process should be extended when the underlying cause of action had not yet accrued.
3. Whether the court should order preservation of evidence based on the plaintiff's unsupported allegation that relevant evidence might be lost or destroyed.

Disposition

other