Warnken v. Schwarzenegger, et al.,

Filing 44

ORDER signed by Senior Judge Lawrence K. Karlton on 4/3/2009 ORDERING that the 40 objections construed as a motion for reconsideration are DENIED. (Gaydosh, J) Modified on 4/7/2009 (Gaydosh, J).

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1 2 3 4 5 6 7 8 9 10 11 NO. CIV. S-08-2891 LKK/EFB 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. ORDER ARNOLD SCHWARZENEGGER, Governor of California; DEBRA BOWEN, Secretary of State; JERRY BROWN, Attorney General; THE CALIFORNIA ASSEMBLY, and ONE TO UNKNOWN DOE ASSISTANTS, Defendants. / Plaintiff appears pro se seeking relief pursuant to 42 U.S.C. 1983. In accordance with the local rules, this action has been assigned to the magistrate judge. On February 25, 2009, the magistrate judge denied plaintiff's request to electronically file documents. On March 9, 2009, the plaintiff filed "Objections" to this order, which the court construes as a motion for //// 1 Plaintiffs, MICHAEL C. WARNKEN and ALL CALIFORNIANS SIMILARLY SITUATED, UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 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 reconsideration.1 Pursuant to Eastern District of California Local Rule 72303(f) and 28 U.S.C. 636(b)(1)(A), a magistrate judge's order 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. Accordingly, it is ordered that plaintiff's objections, construed as a motion for reconsideration, (Doc. No. 40) is DENIED. IT IS SO ORDERED. DATED: April 3, 2009. Per Local Rule 72-302(c)(21), the magistrate judge may resolve all dispositive and non-dispositive matters in cases in which all plaintiffs or all defendants are proceeding in propria persona. This court reviews the magistrate judge's decisions in such cases through a motion for reconsideration. Local Rule 72303(c). 2 1

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