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Friedman v. Baca

United States District Court, D. Nevada

September 12, 2019

KENNETH FRIEDMAN, Plaintiff,
v.
ISIDRO BACA, et al., Defendants.

          ORDER RE: ECF NOS. 181, 185

          WILLIAM G. COBB UNITED STATES MAGISTRATE JUDGE

         Before the court is Plaintiff's Motion to Stay Proceedings Pending Collateral Habeas Proceeding which Plaintiff further titled as “Emergency Motion.” (ECF No. 181.)[1] More recently, Plaintiff has filed a Notice of Scheduling Conflict for Hearing (ECF No. 185). Both Plaintiff's motion (ECF No. 181) and Plaintiff's “Notice” (ECF No. 185) advance the same rationale for this court to defer proceedings on its docket because of Plaintiff's purported scheduling conflicts arising from a state habeas corpus action Plaintiff is pursuing (with assistance of counsel) in Nevada State District Court. Plaintiff does not provide a specific period of time for staying this action but suggests that “these proceedings should be STAYED during the collateral state court habeas proceedings.” (ECF No. 181 at 3; emphasis in the original.) Plaintiff's motion discusses depositions his attorney may be taking through November 1, 2019 but again identifies no time frame within which “the collateral state court habeas proceedings in Clark County District Court” might be concluded. (Id. at 1-3.) Plaintiff seeks a stay of “all” proceedings - except for “any emergency motions.” (Id. at 1.) Similarly, Plaintiff's “Notice” (ECF No. 185) is implicitly a request for this court to vacate its “motions hearing” on calendar for Tuesday, September 24, 2019, at 10:30 a.m.[2]

         Although Plaintiff states he is extremely busy with discovery and motions regarding his state habeas action, the court notes the demands of his state litigation have not prevented him from multiple filings in this case in just the past six (6) months including:

ECF No. 73 Motion for Order Requiring Inspection, Copying, Possession of Personal Medical Records
ECF No. 74 Motion for Injunctive Relief/TRO to Allow Legal Calls
ECF No. 100 Second Amended Complaint
ECF No. 106 Objection to Report and Recommendation
ECF No. 108 Motion to Compel and Notice of Defendants' Failure to Comply with Order
ECF No. 113 Notice re Defendants' Refusal to Comply with Court Ordered Psychiatric Evaluations and Motion to Compel
ECF No. 114 Motion to Compel
ECF No. 122 Motion to Compel Discovery
ECF No. 142 Motion for Leave to File Motion for Injunctive Relief for Expungement of Report of Ex-Employee Jennifer Sexton
ECF No. 143 Sealed Motion for Injunctive Relief for Expungement of Report of ...

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