Davis v. Schroeder et al

Filing 27

ORDER signed by Chief Judge Morrison C. England, Jr. on 12/4/2012. The Magistrate Judge's Orders 19 granting extension of time and 24 denying Motion to Amend are AFFIRMED. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES L. DAVIS,

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Plaintiff,

No. 2:10-cv-2972 MCE CKD

v.
SCHROEDER, et al.,
Defendants.

ORDER
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On August 30, 2012, Plaintiff filed a “motion to intervene” requesting that the

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District Court reconsider the Magistrate Judge’s July 30, 2012, order granting Plaintiff thirty days

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to file a Fourth Amended Complaint “not longer than 20 pages.” (ECF No. 25.)

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Plaintiff also requests that the District Court “disqualify Magistrate CKD from

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this case [and] appoint a new magistrate[.]” (ECF No. 25 at 4.) The Court construes this as a

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request for reconsideration of the Magistrate Judge’s May 22, 2012, order denying Plaintiff’s

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May 14, 2012, motion for disqualification. (ECF No. 20.)

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Pursuant to Local Rule 303(f), a Magistrate Judge’s orders shall be upheld unless

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“clearly erroneous or contrary to law.” Upon review of the entire file, the Court finds that the

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Magistrate Judge’s July 30, 2012, ruling is not clearly erroneous or contrary to law. Nor is the

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Magistrate Judge’s May 22, 2012, ruling clearly erroneous or contrary to law.
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Therefore, IT IS HEREBY ORDERED that:

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1. Upon reconsideration, the order of the Magistrate Judge filed July 30, 2012, is

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AFFIRMED; and

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2. Upon reconsideration, the order of the Magistrate Judge filed May 22, 2012, is
AFFIRMED.
Dated: December 4, 2012

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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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