Dunmore v. Dunmore

Filing 25

ORDER signed by Judge Morrison C. England, Jr. on 04/03/12 ORDERING that plaintiff's 23 Motion for Reconsideration is DENIED; all provisions of the Magistrate Judge's 19 Order remain in effect, except that plaintiff's deadline for filing an amended complaint is EXTENDED to 10 days following the date this Order is filed. (Benson, A.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVEN G. DUNMORE,
No. 2:11-cv-02867-MCE-GGH PS

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Plaintiff,
v.
ORDER

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JEREMY A. DUNMORE, et al.,
Defendants.

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In bringing the present Ex Parte Motion or Request for

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Reconsideration (ECF No. 23), Plaintiff asks this Court to

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rescind the Magistrate Judge’s January 13, 2012 Order (ECF No.

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19) dismissing Plaintiff’s Complaint, with leave to amend, on

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grounds that said Complaint is more than 200 pages in length and

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does not set forth a short and plain statement of the claims

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showing entitlement to relief, as required by Federal Rule of

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Civil Procedure 8(a)(2).

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Plaintiff further asks that this Court extend the deadline for

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filing an Amended Complaint to ten (10) days following

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adjudication of its reconsideration request.

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extent Plaintiff files an Amended Complaint and need to serve

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additional parties, he requests that the Clerk issue additional

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summons to permit him to do so.

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Finally, to the

In reviewing a magistrate judge’s determination, the

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assigned judge shall apply the “clearly erroneous or contrary to

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law” standard of review set forth in Local Rule 303(f), as

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specifically authorized by Federal Rule of Civil Procedure 72(a)

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and 28 U.S.C. § 636(b)(1)(A).1

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must accept the Magistrate Judge’s decision unless it has a

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“definite and firm conviction that a mistake has been committed.”

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Concrete Pipe & Products of Calif., Inc. v. Construction Laborers

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Pension Trust for So. Calif., 508 U.S. 602, 622 (1993).

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Court believes the conclusions reached by the Magistrate Judge

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were at least plausible, after considering the record in its

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entirety, the Court will not reverse even if convinced that it

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would have weighed the evidence differently.

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Supply Inc. v. Universal Elec. Co., Inc., 104 F.3d 1137, 1141

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(9th Cir. 1997).

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Under this standard, the Court

If the

Phoenix Eng. &

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Federal Rule of Civil Procedure 72(a) directs the district
court judge to “modify or set aside any portion of the magistrate
judge’s order found to be clearly erroneous or contrary to law.”
Similarly, 28 U.S.C. § 636(b)(1)(A), the district judge may
reconsider any pretrial order “where it is shown that the
magistrate’s order is clearly erroneous or contrary to law.”
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Having read and considered the Magistrate Judge’s ruling, as

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well as Plaintiff’s request for reconsideration and his

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separately filed objections to said ruling (ECF No. 20), this

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Court does not find the ruling to be clearly erroneous as that

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standard has been defined above.

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Judge rulings were proper and defined appropriate parameters for

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presenting an amended complaint in this matter.

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the imagination can a 200 page complaint, with some 46 pages of

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additional exhibits, be considered a short and plain statement of

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the case as required by Federal Rule of Civil Procedure 8(a)(1).

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Plaintiff’s Motion (ECF No. 23) is accordingly DENIED.

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provisions of the Magistrate Judge’s Order (ECF No. 19) remain in

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effect, except that Plaintiff’s deadline for filing an amended

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complaint is extended to ten (10) days following the date this

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Order is electronically filed.

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amended complaint adds additional parties, the Clerk is directed

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to issue the necessary summons for service upon such parties.

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To the contrary, the Magistrate

By no stretch of

All

Moreover, to the extent any

IT IS SO ORDERED.
Dated: April 3, 2012

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

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