Benyamini v. Blackburn et al

Filing 106

ORDER signed by Magistrate Judge Allison Claire on 4/28/2017 DENYING 105 Motion to Strike. (Henshaw, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT BENYAMINI, 12 Plaintiff, 13 14 No. 2:13-cv-0205 MCE AC P v. ORDER M. BLACKBURN, et al., 15 Defendants. 16 Plaintiff is a former state prisoner proceeding pro se with a civil rights action pursuant to 17 18 42 U.S.C. § 1983. Plaintiff has filed a motion to strike defendants’ objections to the findings and 19 recommendations as untimely. ECF No. 105. Pursuant to this court’s order, objections to the 20 findings and recommendations were due within fourteen days after service of the findings and 21 recommendations. ECF No. 103. Because the deadline was based on the date of service, 22 defendants had an additional three days added to their deadline. Fed. R. Civ. P. 6(d). Seventeen 23 days from the date of the court’s findings and recommendations was Sunday, April 9, 2017. 24 However, since defendants’ deadline fell on a Sunday, the deadline continued to the following 25 day, Monday April 10, 2017. Fed. R. Civ. P. 6(a)(1)(C). Defendants’ objections to the findings 26 and recommendations were filed on Monday, April 10, 2017, and therefore were timely. 27 Accordingly, plaintiff’s motion to strike is denied. 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to strike defendants’ 2 objections to the findings and recommendations (ECF No. 105) is denied. 3 DATED: April 28, 2017 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

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