Baker v. Solano County Jail et al

Filing 68

ORDER signed by Judge Frank C. Damrell, Jr on 6/29/11 ORDERING that, upon reconsideration, the order of the magistrate judge filed May 31, 2011, is AFFIRMED. (Becknal, R)

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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 JERRY W. BAKER, Plaintiff, 11 12 vs. 13 No. 2:10-cv-1208 FCD KJN P C/O SMITH, et al., 14 Defendants. / 15 16 ORDER On June 9, 2011, plaintiff filed a motion for reconsideration of the magistrate 17 judge’s order filed May 31, 2011, denying plaintiff’s motion to compel discovery as the 18 discovery requests were untimely propounded. On June 10, 2011, defendants filed an opposition 19 to plaintiff’s motion. On June 20, 2011, plaintiff filed a reply. Pursuant to E.D. Local Rule 20 303(f), a magistrate judge’s orders shall be upheld unless “clearly erroneous or contrary to law.” 21 Upon review of the entire file, the court finds that it does not appear that the magistrate judge’s 22 ruling was clearly erroneous or contrary to law. 23 Therefore, IT IS HEREBY ORDERED that, upon reconsideration, the order of 24 the magistrate judge filed May 31, 2011, is affirmed. 25 DATED: June 29, 2011. 26 1 _______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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