McCain v. California Highway Patrol et al

Filing 225

ORDER signed by Magistrate Judge Allison Claire on 2/23/2016 DENYING 222 Motion filed as Partial Objections and Strike Hearsay Allegations. (Michel, G.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

TERRYLYN MCCAIN,

12
13
14
15

No. 2:11-cv-01265-KJM-AC

Plaintiff,
v.

ORDER

MANGHAM, et al.,
Defendants.

16
17

This matter is before the undersigned in accordance with Local Rule 302(c)(21). On

18

February 22, 2016, plaintiff filed a document captioned “Partial Objection and Strike Hearsay

19

Allegations in Alternative Demands Offer of Proof from Tow Defendants. Fed. R. Evid. Rule

20

103 and 1001.” ECF No. 222. Plaintiff’s filing is difficult to understand, but it seems to be a

21

motion for a court order requiring defendants to produce “offers of proof” in support of certain

22

assertions they have made in certain filings. Such a motion has no basis in the federal rules or

23

applicable law, and is simply not cognizable in this court or any other.

24

To the extent that plaintiff purports to object to the court’s order at ECF No. 209, there is

25

no basis for objection. The order was not a recommendation to the district judge, to which

26

objections are entertained pursuant to 28 U.S.C. § 636(b)(1)(B)&(C). Rather, the order was

27

within the authority of the undersigned pursuant to 28 U.S.C. § 636(a)(1)(A). Plaintiff has

28

presented no grounds for reconsideration of that order.
1

1

Accordingly, THE COURT HEREBY ORDERS that plaintiff’s motion, ECF No. 222, is

2

DENIED.

3

DATED: February 23, 2016

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2