Thomas v. Antipov et al

Filing 169

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/28/2017 DENYING 167 Motion for Extension of time.(Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMAAL THOMAS,

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No. 2:11-cv-1138-MCE-EFB P

Plaintiff,

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v.

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ANTIPOV, et al.,

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ORDER

Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. On May 20, 2015, United States Magistrate Judge Kendall J. Newman

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presided over a settlement conference, which resulted in the parties’ agreement to settle this case.

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ECF No. 142. The undersigned has recommended that plaintiff’s motion for a new settlement

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conference be denied and defendants’ motion to enforce the settlement agreement be granted.

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ECF No. 166. Plaintiff failed to timely file objections to those recommendations but now seeks

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additional time to do so. ECF No. 167. Defendants oppose the request. ECF No. 168.

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Plaintiff claims that he needs an extension of time to file objections because he was busy

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with other cases and has limited library access. Id. However, the purpose of the objection period

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is not for plaintiff to rewrite the original brief, but to point out the issues in the findings and

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recommendations to which he objects. Plaintiff does not describe what efforts he made to submit

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timely objections to the court’s six-page findings and recommendations. Plaintiff had ample time
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from the issuance of the findings and recommendations on February 24, 2017 to prepare and file

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objections. Accordingly, the motion for extension of time (ECF No. 167) is DENIED.

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DATED: March 28, 2017.

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