Winters, et al v. Jordan, et al

Filing 296

ORDER signed by Magistrate Judge Kendall J. Newman on 7/6/11 ORDERING that to the extent 294 Objections to Findings and Recommendations is an application for reconsideration of 284 Order, that application for reconsideration is DENIED. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BRENT WINTERS, et al.,

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Plaintiffs,

No. 2:09-cv-00522 JAM KJN PS

v.
DELORES JORDAN, et al.,

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Defendants.

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ORDER
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On June 20, 2011, plaintiffs filed a document called “The Winters’ Objections to

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the Magistrate’s Findings and Recommendations Regarding Defendant Logsdon’s Attorney’s

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Fees.” (Objections, Dkt. No. 294.) Plaintiffs objections concern an order entered by the

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undersigned, which, in part, granted defendant Valerie Logsdon’s motion for attorney’s fees and

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awarded Logsdon $12,925.00 is attorney’s fees and $368.70 in costs. (Order, Apr. 21, 2011, Dkt.

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No. 284.)

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As an initial matter, plaintiffs’ objections are procedurally defective. The

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undersigned granted Logsdon’s motion for attorney’s fees by order, and did not recommend the

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award through proposed findings and recommendations. Accordingly, the order was effective

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immediately, and no findings and recommendations were entered to which plaintiffs could

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object. To the extent that plaintiffs intended to apply for reconsideration of the April 21, 2011
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order before the undersigned, see E. Dist. Local Rule 230(j), such application for reconsideration

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is denied.

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Accordingly, IT IS HEREBY ORDERED that to the extent that the document

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filed by plaintiffs and entitled “The Winters’ Objections to the Magistrate’s Findings and

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Recommendations Regarding Defendant Logsdon’s Attorney’s Fees” (Dkt. No. 294) is an

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application for reconsideration of the undersigned’s April 21, 2011 order, that application for

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reconsideration is denied.

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IT IS SO ORDERED.
DATED: July 6, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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