Kilgore v. Grannis et al

Filing 11

ORDER signed by Judge John A. Mendez on 8/7/12 ORDERING that Plaintiff's motion for reconsideration 8 is granted; Upon reconsideration, the order of the magistrate judge filed 3/15/12, is affirmed; Plaintiff's motion for an extension of time 9 is granted in part; and Plaintiff shall file an amended complaint in accordance with the Magistrate Judge's screening order within forty-five days of the date of this order. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IVAN KILGORE,

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Plaintiff,

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vs.

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No. 2:11-cv-1745 JAM DAD P

DIRECTOR et al.,

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Defendants.

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ORDER
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On March 27, 2012, plaintiff filed a request for reconsideration of the magistrate

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judge’s order filed March 15, 2012, dismissing plaintiff’s complaint with leave to amend.

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Pursuant to E.D. Local Rule 303(f), a magistrate judge’s orders shall be upheld unless “clearly

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erroneous or contrary to law.” Upon review of the entire file, the court finds that it does not

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appear that the magistrate judge’s ruling was clearly erroneous or contrary to law.

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Also pending before the court is plaintiff’s motion for an extension of time to file
an amended complaint. Good cause appearing, the court will grant plaintiff’s motion in part.

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Therefore, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for reconsideration (Doc. No. 8) is granted;

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2. Upon reconsideration, the order of the magistrate judge filed March 15, 2012,

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is affirmed;
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3. Plaintiff’s motion for an extension of time (Doc. No. 9) is granted in part; and

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4. Plaintiff shall file an amended complaint in accordance with the Magistrate

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Judge’s screening order within forty-five days of the date of this order.

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DATED: August 7, 2012

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/s/ John A. Mendez
UNITED STATES DISTRICT COURT JUDGE

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