[PROPOSED] ORDER STAYING CIVIL ACTION PENDING CRIMINAL APPEAL

JEFFREY S. WHITE, District Judge.

Defendants motion to stay this civil action pending the final resolution of Plaintiff Rodger Box's appeal of his criminal conviction for a violation of Penal Code § 148(a)(1) in Contra Costa County Superior Court, arising out of the subject incident on August 21, 2010, came before this Court. Good cause having been shown, and after full consideration of the moving papers and no opposition having been filed supporting documents, and any opposition and opposing arguments, the Court finds that Defendant's motion to stay is hereby GRANTED.

Based on the Younger abstention doctrine, as well as Heck and its progeny, a stay of this civil action is warranted to preserve Defendants' potential defense arguments and to prevent the Plaintiff from collaterally attacking his criminal conviction, if upheld by the Appellate Court, in this civil forum. Younger v. Harris, 401 U.S. 37, 43-45 (1971), Heck v. Humphrey, 512 U.S. 477 (1994).

ACCORDINGLY, IT IS HEREBY ORDERED as follows:

THIS CIVIL ACTION IS STAYED in all respects pending the final resolution of Plaintiff Rodger Box's appeal of his criminal conviction for a violation of Penal Code § 148(a)(1) in Contra Costa County Superior Court, Appellate Division Case No. 5-120866-9, Trial Court Case No. 1-150794-6.

The parties are ORDERED to provide this Court with a joint status update within twenty-one (21) days of any final ruling and/or final order on the pending criminal appeal.

IT IS SO ORDERED.