Fearence v. Schulteis et al

Filing 47

ORDER GRANTING Parties Thirty Days in which to File Objections to the Magistrate Judge's 45 Findings and Recommendations of April 1, 2013; Thirty Day Deadline signed by Magistrate Judge Gary S. Austin on 5/9/2013. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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1:08-cv-00615-LJO-GSA-PC

JACQUES FEARANCE,
Plaintiff,

ORDER GRANTING PARTIES THIRTY
DAYS IN WHICH TO FILE OBJECTIONS
TO THE MAGISTRATE JUDGE’S
FINDINGS AND RECOMMENDATIONS
OF APRIL 1, 2013
(Doc. 45.)

vs.

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L. L. SCHULTEIS, et al.,

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Defendants.

THIRTY DAY DEADLINE

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Jacques Fearance (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights

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action pursuant to 42 U.S.C. § 1983. On April 1, 2013, findings and recommendations were

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entered, recommending that this case proceed on the claims found cognizable by the court in

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the Second Amended Complaint, with objections, if any, due in thirty days. (Doc. 45.) The

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court inadvertently omitted its instructions for the parties to file objections. Therefore, the

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parties shall now be given the court’s instructions and granted thirty days in which to file

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objections, if any.

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The court’s instructions are as follows:

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The findings and recommendations issued on April 1, 2013, are submitted to the
United States District Judge assigned to the case, pursuant to the provisions of
Title 28 U.S.C. ' 636(b)(l). Within thirty days after from the date of this order,
the parties may file written objections to the findings and recommendations with
the court. Such a document should be captioned "Objections to Magistrate
Judge's Findings and Recommendations." Any reply to the objections shall be
served and filed within ten days after service of the objections. The parties are
advised that failure to file objections within the specified time may waive the
right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th
Cir. 1991).

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Accordingly, based on the foregoing, IT IS HEREBY ORDERED that the parties to this

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action are GRANTED thirty days from the date of service of this order in which to file

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objections to the findings and recommendations issued on April 1, 2013.

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IT IS SO ORDERED.
Dated:

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May 9, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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