Smith v. HSS

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Matthew A. Smith, 	)
)
Plaintiff, 	)
) 	ORDER DENYING MOTION TO STAY
vs. 	)
)
HSS, 	)
) 	Case No. 1:20-cv-021
Defendant. 	)
Plaintiff initiated the above-captioned action pro se on February 11, 2020. Judge Traynor
subsequently referred this matter to the magistrate judge for preliminary consideration pursuant to
28 U.S.C. § 1915(e)(2). On February 27, 2020, I issued a Report and Recommendation. 	In it I
recommended the dismissal of this action for lack of personal jurisdiction.
On March 20, 2020, plaintiff filed a “Motion for Stay of Execution.” He requests the court
stay this matter for 120 days while he gets in finances in order and endeavors to retain counsel.
Notably, he makes no effort to address the substance of the Report and Recommendation.
The stay requested by plaintiff is unreasonable. 	Moreover, this court’s lack of personal
jurisdiction is not reasonably debatable. Defendant’s motion to stay (Doc. No. 7) is DENIED.
IT IS SO ORDERED.
Dated this 23rd day of March, 2020.
/s/ Clare. R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
Case 1:20-cv-00021-DMT-CRH Document 8 Filed 03/23/20 Page 1 of 1