Wheeler v. United States et al

Filing 13

ORDER GRANTING in Part Plaintiff's Motion for an Extension of Time 12 , signed by Magistrate Judge Jennifer L. Thurston on 8/21/2012. Objections to F&R due by 9/4/2012.(Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN FREDERICK WHEELER,

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Plaintiff,

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v.

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UNITED STATES, et al.,
Defendants.

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Case No.: 1:12-cv-00641 - LJO - JLT
ORDER GRANTING IN PART PLAINTIFF’S
MOTION FOR AN EXTENSION OF TIME
(Doc. 12)

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John Frederick Wheeler (“Plaintiff”) seeks an extension of time to respond to the Findings and

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Recommendations that Plaintiff be declared a vexatious litigant. (Doc. 12). According to Plaintiff, he

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has been suffering pain in his ankles, and he requests an additional thirty days to file his objections. Id.

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Although the Court does not find good cause exists for the extension, Plaintiff will be granted

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additional time to file a response to the Findings and Recommendations.

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However, Plaintiff is cautioned that this is the final extension that will be granted for him to

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file objections to the Findings and Recommendations. Failure to file objections within the specified

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir.

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1991).

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In addition, Plaintiff is reminded that any objections should be limited to only the matter before

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the Court and Plaintiff’s status as a vexatious litigant, and the opportunity to file objections may not be

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used as an attempt to re-litigate cases which have been closed.
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Accordingly, IT IS HEREBY ORDERED:

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Plaintiff’s motion for an extension of time (Doc. 12) is GRANTED; and

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Plaintiff shall have an extension of time until September 4, 2012, to file objections to

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the Findings and Recommendations issued June 23, 2012.

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IT IS SO ORDERED.
Dated:

August 21, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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