Benyamini v. Blackburn et al
ORDER signed by District Judge Morrison C. England, Jr on 6/20/2017: DENYING 107 Motion for Reconsideration; ADOPTING in FULL 103 Findings and Recommendations; DENYING 88 Motion Declaring Plaintiff a Vexatious Litigant and Requiring Security. (Washington, S)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:13-cv-0205 MCE AC P
M. BLACKBURN, et al.,
Plaintiff, a former state prisoner proceeding pro se, has filed this civil rights action
seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate
Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On March 23, 2017, the magistrate judge filed findings and recommendations herein
which were served on all parties and which contained notice to all parties that any objections to
the findings and recommendations were to be filed within fourteen days. ECF No. 103.
Defendants filed objections to the findings and recommendations on April 10, 2017. ECF No.
Plaintiff thereafter moved to strike Defendants’ objections as tardy, which motion the
magistrate judge denied. ECF Nos. 105, 106. Plaintiff then filed a motion for reconsideration of
that order arguing, inter alia, that the court inadvertently miscalculated Defendants’ deadline for
filing objections. ECF No. 7. Defendants filed a response conceding that the objections were
indeed late, but arguing that Plaintiff was not prejudiced by the tardy filing and therefore
requesting that the court consider the objections. ECF No. 108.
With regard to Plaintiff’s motion for reconsideration, the Court finds Defendants have the
better argument. Because Defendants objections were not substantially late, the Court finds
Plaintiff was not prejudiced by the delay, and the Court has—in its discretion—considered those
objections. Plaintiff’s motion for reconsideration of the court’s order on Plaintiff’s motion to
strike, then, is DENIED. Even so, the Court nevertheless finds Defendants’ objections to be
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this
Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the
Court finds the findings and recommendations to be supported by the record and by proper
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff’s motion for reconsideration (ECF No. 107) is DENIED;
2. The findings and recommendations filed March 23, 2017 (ECF No. 103), are
ADOPTED IN FULL; and
2. Defendants’ motion for an order declaring Plaintiff a vexatious litigant and requiring
security (ECF No. 88) is DENIED.
IT IS SO ORDERED.
Dated: June 20, 2017
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?