Pogue v. Tilton

Filing 149

ORDER signed by Magistrate Judge Gregory G. Hollows on 9/14/09 ORDERING that pltf's 148 motion for an extension of time is PARTIALLY GRANTED; pltf's 148 request for re-service of a copy of the 8/26/09 F&R is GRANTED, and the clerk to re-serve those F&R in full, along w/ this order upon pltf; pltf has until 9/28/09 to have objections to the 8/26/09 F&R filed in this court; and there will be no further extension of time. (Yin, K)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. JAMES TILTON, et al., Defendants. / Plaintiff has requested a thirty-day extension of time to file objections to the August 26, 2009, findings and recommendations. Plaintiff also asserts that page 7 was missing from the findings and recommendations served upon him and asks that the complete document be re-served upon him. In making his requests, plaintiff inaccurately states that the initial period of time for filing his objections was thirty days, but the recommendation clause clearly includes a notice that written objections must be filed within twenty days of service of the findings and recommendations. The court will grant plaintiff's request to have the findings and recommendations re-served upon him. One missing page, however, is not enough to warrant a thirty-day extension of time. Plaintiff will be granted a partial extension of time until September 28, 2009, to have his 1 ORDER L. QIYAM POGUE, Plaintiff, No. CIV S-05-1873 MCE GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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objections filed in this court. The court's calendar will permit no further extension. Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's September 8, 2009, motion for an extension of time (Docket # 148) is partially granted; 2. Plaintiff's request for re-service of a copy of the August 26, 2009 (Docket # 147), findings and recommendations is granted, and the Clerk of the Court is to re-serve those findings and recommendations in full, along with a copy of this order upon plaintiff; 3. Plaintiff is granted until September 28, 2009, to have objections to the August 26, 2009, findings and recommendations filed in this court; and 4. There will be no further extension of time. DATED:September 14, 2009 /s/ Gregory G. Hollows

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GGH:009/md pogu1873.36+

GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE