Basic v. Siedel et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Elvis Basic, 	)
)
Plaintiff, 	) 	ORDER
)
vs. 	)
)
Trish Siedel (North Dakota Probation) 	)
Alexander Droske (BCI) 	)
Karsten Anderson, 	) 	Case No. 1:20-cv-003
)
Defendants. 	)
Plaintiff Elvis Basic (“Basic”) is an inmate at the Greenville Federal Correctional Institution
in Greenville, Illinois. He initiated this action in January 2020 with the submission of a motion to
proceed in forma pauperis, which the court granted, and a complaint. (Doc. Nos. 2, 3, 6, and 8).
He also filed a motion ostensibly requesting a stay of proceedings “until the defendant have
reasonable time to resolve the claim and the remedies are exhausted.”
On February 11, 2020, laboring under the misapprehension or misunderstanding that
plaintiff’s claims pertained to Basic’s federal criminal proceedings and by extension his present
federal incarceration, the court granted Basic’s motion for a stay of proceedings. (Doc. No. 10).
On February 28, 2020, Basic filed a motion requesting that the court reconsider its order
granting his earlier motion for a stay. He avers that the court misconstrued his complaint as a
collateral challenge his federal incarceration and clarifies that his claims pertain to a state charge
which he was acquitted in May of 2018.
The court has now reviewed the record. In light of the clarification provided by Basic, the
court finds it prudent to lift the stay. Accordingly, Basic’s motion for reconsideration (Doc. No. 14)
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is GRANTED and the stay is lifted. The Clerk’s office shall refrain from serving defendants until
directed to do so as the court must still review Basic’s claims under 28 U.S.C. § 1915A.
IT IS SO ORDERED.
Dated this 6th day of October, 2020.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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