Hooker v. Kimura-Yip et al
Filing
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ORDER signed by Judge Lawrence K. Karlton on 8/26/13 ORDERING that Petitioner's 39 motion to vacate is GRANTED, and the Order 35 and Judgment 36 of 2/14/2013 are hereby VACATED. Petitioner is granted 60 days from the date of this order to file objections to the Magistrate Judge's 28 Findings and Recommendations. (Kastilahn, A)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DONALD OLIVER HOOKER,
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No. 11cv0899 LKK CKD P
Plaintiff,
v.
ORDER
T. KIMURA-YIP, et al.,
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Defendants.
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Pending before the court is Petitioner’s motion to vacate this court’s order
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adopting the Findings and Recommendations of the Magistrate Judge, and dismissing
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the case with prejudice.
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On December 18, 2012, the Magistrate Judge signed an order granting Petitioner
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a sixty (60) day extension of time to file and serve objections to her Findings and
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Recommendations. See ECF No. 39. However, before the time extension had expired,
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this court adopted the Findings and Recommendations and dismissed the petition, in
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part because Petitioner had failed to file his objections in time. This was plain error,
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apparently resulting from the court’s failure to reckon properly the time available for
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Petitioner to file his objections. Defendant’s motion to vacate will therefore be granted.
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Accordingly, it is hereby ordered that:
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1.
Petitioner’s motion to vacate (ECF No. 39), is hereby GRANTED, and the
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Order and Judgment of February 14, 2013 (ECF Nos. 35 and 36), are hereby
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VACATED;
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2.
Petitioner is granted sixty (60) days from the date of this order to file his
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objections to the Magistrate Judge’s September 14, 2012 Findings and
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Recommendations (ECF No. 28).
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IT IS SO ORDERED.
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DATED: August 26, 2013.
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