Summary
The United States District Court for the Southern District of California denied Plaintiff James Johnson’s ex parte motion to stay the case for 60 days. The court granted him 60 days from the date of the order to file objections to the magistrate judge’s Report and Recommendation, based on his asserted health problems.
Holdings
- A party seeking a stay must address the applicable stay factors and carry the burden of showing that the circumstances justify the stay. Plaintiff did not make that showing, so the requested 60-day stay was denied.
- Plaintiff's allegations of poor health and difficulty meeting the objections deadline established good cause for a 60-day extension to file objections.
Questions Presented
- Whether plaintiff established grounds for a 60-day stay of proceedings.
- Whether plaintiff showed good cause for an extension of the deadline to object to the magistrate judge's Report and Recommendation.
Disposition
other
Cases Cited (4)
- Nken v. Holder, 556 U.S. 418, 433-34 (2009)(followed)
- Hoffmann v. Price, No. 2:15-CV-1527 DB P, 2019 WL 498991, at *3 (E.D. Cal. Feb. 8, 2019)(followed)
- Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998)(followed)
- Martinez v. Yist, 951 F.2d 1153, 1157 (9th Cir. 1991)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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