Xavier v. Roche et al

Filing 64

ORDER signed by Judge Lawrence K. Karlton on 12/10/2013 ORDERING that Plaintiff's 61 Motion for Reconsideration is DENIED. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GARY R. XAVIER,

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Plaintiff,

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No. 2:09-cv-0783 LKK CKD P

v.

ORDER

M. FRENCH, et al.,

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Defendants.

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On September 30, 2013, the Magistrate Judge issued an order denying plaintiff’s motion

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substitution of counsel. On November 22, 2013, plaintiff filed a request for reconsideration of

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that order.1 Local Rule 303(b), states “rulings by Magistrate Judges . . . shall be final if no

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reconsideration thereof is sought from the Court within fourteen days . . . from the date of service

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of the ruling on the parties.” Id. Plaintiff’s request for reconsideration of the magistrate judge’s

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order of September 30, 2013 is therefore untimely.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for reconsideration (ECF

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No. 61) is denied.
DATED: December 10, 2013.

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Plaintiff’s request is dated November 22, 2013, which is deemed the filing date of the document.
See Houston v. Lack, 487 U.S. 266 (1988). The request was entered on the docket in this action
on December 2, 2013.
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