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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRENT WINTERS, et al., 11 12 13 Plaintiffs, No. 2:09-cv-00522 JAM KJN PS v. DELORES JORDAN, et al., 14 Defendants. 15 ORDER / 16 On June 20, 2011, plaintiffs filed a document called “The Winters’ Objections to 17 the Magistrate’s Findings and Recommendations Regarding Defendant Logsdon’s Attorney’s 18 Fees.” (Objections, Dkt. No. 294.) Plaintiffs objections concern an order entered by the 19 undersigned, which, in part, granted defendant Valerie Logsdon’s motion for attorney’s fees and 20 awarded Logsdon $12,925.00 is attorney’s fees and $368.70 in costs. (Order, Apr. 21, 2011, Dkt. 21 No. 284.) 22 As an initial matter, plaintiffs’ objections are procedurally defective. The 23 undersigned granted Logsdon’s motion for attorney’s fees by order, and did not recommend the 24 award through proposed findings and recommendations. Accordingly, the order was effective 25 immediately, and no findings and recommendations were entered to which plaintiffs could 26 object. To the extent that plaintiffs intended to apply for reconsideration of the April 21, 2011 1 1 order before the undersigned, see E. Dist. Local Rule 230(j), such application for reconsideration 2 is denied. 3 Accordingly, IT IS HEREBY ORDERED that to the extent that the document 4 filed by plaintiffs and entitled “The Winters’ Objections to the Magistrate’s Findings and 5 Recommendations Regarding Defendant Logsdon’s Attorney’s Fees” (Dkt. No. 294) is an 6 application for reconsideration of the undersigned’s April 21, 2011 order, that application for 7 reconsideration is denied. 8 9 IT IS SO ORDERED. DATED: July 6, 2011 10 11 12 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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