Mistriel v. Kern County, et al

Filing 49

ORDER GRANTING 48 Plaintiff's motion for an extension of time to file objections and DENYING Plaintiff's request for an order directing the Clerk of Court to issue USM-285 forms signed by Magistrate Judge Sheila K. Oberto on 4/14/2011. (Timken, A)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT GLEN MISTRIEL, 12 CASE NO. 1:03-cv-06922-AWI-SKO Plaintiff, 13 ORDER GRANTING PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME TO FILE OBJECTIONS AND DENYING PLAINTIFF'S REQUEST FOR AN ORDER DIRECTING THE CLERK OF COURT TO ISSUE USM285 FORMS v. 14 KERN COUNTY, et al., 15 Defendants. 16 / (Docket No. 48) 17 18 On March 10, 2011, the Court issued Findings and Recommendations regarding the 19 complaint filed by Plaintiff Robert Mistriel ("Plaintiff"). (Doc. 47.) Any objections to the Findings 20 and Recommendations were to be filed within 30 days. On April 6, 2011, Plaintiff filed a request 21 for a 45-day extension of time to file objections. (Doc. 48.) 22 In conjunction with Plaintiff's request for an extension of time to file objections, Plaintiff also 23 seeks an order directing the Clerk of Court to issue USM-285 forms for service of certain defendants 24 pursuant to the Magistrate Judge's March 10, 2011, Findings and Recommendations. However, any 25 service of process will be ordered by the district court upon review of the Findings and 26 Recommendations. 27 Recommendations will occur once Plaintiff's period to file objections has closed. 28 /// The district court's review of the March 10, 2011, Findings and 1 Accordingly, IT IS HEREBY ORDERED THAT: 2 1. 3 Plaintiff's request for an extension of time to file objections to the Magistrate Judge's March 10, 2011, Findings and Recommendations is GRANTED; 4 2. 5 Plaintiff shall file any objections to the March 10, 2011, Findings and Recommendations on or before June 1, 2011; and 6 3. Plaintiff's request for an order directing the Clerk of Court to issue USM-285 forms 7 and summonses to effect service on certain defendants is DENIED until such time 8 as the district court acts on the March 10, 2011, Findings and Recommendations. 9 10 11 IT IS SO ORDERED. 12 Dated: ie14hj April 14, 2011 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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