Finney v. Social Security Administration

Filing 55

AMENDED ORDER - GRANTING PLAINTIFF'S MOTION 50 FOR RELIEF FROM JUDGMENT signed by District Judge Troy L. Nunley on 5/13/2014. In an effort to afford Plaintiff an opportunity to be heard, the Court hereby REOPENS this case for a period of 30 days from the entry of this order to allow Plaintiff to file objections. Should Plaintiff fail to file objections within this time frame, this case shall be closed. (Krueger, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STANLEY FINNEY,

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No. 2:12-cv-2805-TLN-EFB PS

Plaintiff,
v.
SOCIAL SECURITY
ADMINISTRATION,

AMENDED ORDER - GRANTING
PLAINTIFF’S MOTION FOR RELIEF
FROM JUDGMENT

Defendant.

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This matter is before the Court pursuant to Plaintiff Stanley Finney’s (“Plaintiff”) Motion

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for Relief from Judgment pursuant to Federal Rule of Civil Procedure 60(b). (ECF No. 50.)

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Plaintiff asserts that this Court erred in adopting Magistrate Judge Brennan’s Findings and

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Recommendations (“F&R”) because the fourteen-day objection period had not expired. More

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specifically, although the F&R was filed on the Court’s electronic docketing system on March 14,

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2014, Plaintiff alleges that he did not receive the F&R until March 18, 2014 and thus the Court’s

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order adopting the F&R (ECF No. 45) was executed one day early.

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The Court notes that even if it did adopt the F&R a day early that no objections to the

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F&R have been filed. Furthermore, Plaintiff did not request an extension of time to do so until

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April 9, 2014, more than fourteen days after Plaintiff alleged he was served. (See ECF No. 48.)

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However, in an effort to afford Plaintiff an opportunity to be heard, the Court hereby reopens this
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case for a period of thirty (30) days from the entry of this order to allow Plaintiff to file

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objections. Should Plaintiff fail to file objections within this time frame, this case shall be closed.

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IT IS SO ORDERED.

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Date: May 13, 2014
Troy L. Nunley
United States District Judge

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