No. 2:17-cv-0745 GEB KJN P.

LARRY A. SERMENO, Plaintiff, v. M. IRMER, et al., Defendants.

United States District Court, E.D. California.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER

Attorney(s) appearing for the Case

Larry Altamirano Sermeno, Plaintiff, Pro Se.


KENDALL J. NEWMAN, Magistrate Judge.

Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. On April 12, 2017, the undersigned dismissed plaintiff's complaint with leave to amend. (ECF No. 6.) On June 22, 2017, the undersigned granted plaintiff a thirty days extension of time to file his amended complaint. (ECF No. 12.)

On June 29, 2017, plaintiff filed a request to stay this action. (ECF No. 13). In the alternative, plaintiff requests that this action be dismissed without prejudice to his filing a motion to reopen this action pursuant to Federal Rule of Civil Procedure 60(b). (Id.) Plaintiff alleges that due to his prison work schedule, he is unable to prosecute this action at this time. (Id.)

Plaintiff is informed that this action cannot be indefinitely stayed based on plaintiff's work schedule. Plaintiff is also informed that were this action dismissed without prejudice, it is very unlikely that a motion pursuant to Rule 60(b) to reopen this action based on plaintiff's more lenient work schedule would be granted.

For the reasons discussed above, plaintiff's motion to stay this action or for a voluntary dismissal is denied. Plaintiff is granted thirty days to file an amended complaint. Plaintiff may, in the alternative, file a request to voluntarily dismiss this action without prejudice, without conditions for reopening this case. If this request is granted, plaintiff will most likely have to file a new civil rights action when he is ready to proceed with the claims raised in the instant action.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motion to stay this action or, in the alternative, to voluntarily dismiss this action (ECF No. 13) is denied;

2. Within thirty days of the date of this order, plaintiff shall file an amended complaint; failure to file an amended complaint will result in a recommendation of dismissal of this action without prejudice.


1000 Characters Remaining reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases