Mitchell v. Felker et al

Filing 181

ORDER signed by District Judge Troy L. Nunley on 4/19/13 ORDERING that upon reconsideration of the order of the Magistrate Judge filed 9/23/11 is affirmed. If plaintiffs would like the court to modify the briefing schedule and/or hearing date in order to provide them additional time to prepare their reply briefs, they may do so by filing an appropriate motion before the assigned Magistrate Judge. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT MITCHELL,

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Plaintiff,

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vs.

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No. CIV S-08-1196 JAM EFB P

T. FELKER, et al.,

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Defendants.

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ORDER

Plaintiffs are state prisoners proceeding with counsel in an action brought under
42 U.S.C. § 1983.

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On March 26, 2013, plaintiffs filed a request for reconsideration of the Magistrate

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Judge’s order filed March 20, 2013, granting defendants’ request for an extension of time to file

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oppositions to plaintiffs’ motions for class certification and preliminary injunction. Dckt. No.

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176. Plaintiffs argue that the order gives them insufficient time to file reply briefs before the

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currently scheduled hearing date of June 12, 2013.

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Pursuant to E.D. Cal. Local Rule 303(f), a magistrate judge’s orders shall be

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upheld unless “clearly erroneous or contrary to law.” Upon review of the entire file, the court

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finds that it does not appear that the Magistrate Judge’s ruling was clearly erroneous or contrary

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to law.
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Therefore, IT IS HEREBY ORDERED that, upon reconsideration, the order of the

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Magistrate Judge filed September 23, 2011 is affirmed. If plaintiffs would like the court to

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modify the briefing schedule and/or hearing date in order to provide them additional time to

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prepare their reply briefs, they may do so by filing an appropriate motion before the assigned

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magistrate judge.

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DATED: April 19, 2013

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/

Troy L. Nunley
United States District Judge

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