Tinker v. Carey et al

Filing 37

ORDER signed by Judge Morrison C. England, Jr on 01/21/09 DENYING 36 Request For Reconsideration. IT IS ORDERED that the order of magistrate judge filed 11/17/08 is AFFIRMED. (Streeter, J)

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 1 vs. TOM L. CAREY, Warden, Respondent. / On January 12, 2009, petitioner filed a request for reconsideration of the magistrate judge's order filed November 17, 2008, denying petitioner's motion for leave to file an amended petition. Pursuant to Local Rule 72-303(f), a magistrate judge's orders shall be upheld unless "clearly erroneous or contrary to law." Upon review of the entire file, the court finds that it does not appear that the magistrate judge's ruling was clearly erroneous or contrary to law. Therefore, IT IS HEREBY ORDERED that, upon reconsideration, the order of the magistrate judge filed November 17, 2008, is affirmed. ORDER JOHN S. TINKER, Petitioner, No. CIV S-06-0726 MCE KJM P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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Dated: January 21, 2009 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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