Burgos v. Cate et al

Filing 34

ORDER denying 33 Motion extension of time to file objections signed by Magistrate Judge Craig M. Kellison on 9/30/11. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD MANUEL BURGOS,

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Plaintiff,

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No. CIV S-09-3276-MCE-CMK-P

vs.

ORDER

MATTHEW L. CATE, et al.,

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Defendants.

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/

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Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant

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to 42 U.S.C. § 1983. Pending before the court is a motion for an extension of time (Doc. 33) to

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file objections to the court’s September 2, 2011, findings and recommendations.

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The findings and recommendations provided a 14-day objection period from the

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date the findings and recommendations were served. That time expired on September 16, 2011.

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Plaintiff did not sign and send his request until September 23, 2011, well after the time allowed

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had passed. Plaintiff indicates he actually received the findings and recommendations on

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September 7, 2011, so there was no significant delay in the receipt thereof. The undersigned

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therefore does not find good cause for plaintiff’s request.

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///
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s request (Doc. 33) for

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additional time to file objections to the September 2, 2011, findings and recommendations is

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denied.

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DATED: September 30, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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