Ortiz v. California Deparment of Corrections et al

Filing 24

ORDER denying 23 Motion for Reconsideration signed by Senior Judge William B. Shubb on 11/13/14: Plaintiff is granted an additional thirty days from the date this Order is signed in which to file a second amended complaint that complies with the August 26, 2014 order. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSUE ORTIZ,

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No. 2:13-cv-0617 WBS KJN P
Plaintiff,

v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.
On August 26, 2014, the Magistrate Judge issued an order dismissing plaintiff’s complaint

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with leave to amend. On September 29, 2014, plaintiff filed a request for reconsideration of that

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order. Plaintiff signed the request on September 24, 2014. See Huizar v. Carey, 273 F.3d 1220,

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1222 (9th Cir. 2001) (Under the mailbox rule, a prisoner’s pro se habeas petition is “deemed filed

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when he hands it over to prison authorities for mailing to the relevant court.”); Houston v. Lack,

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487 U.S. 266, 276 (1988).

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Local Rule 303(b), states “rulings by Magistrate Judges . . . shall be final if no

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reconsideration thereof is sought from the Court within fourteen days . . . from the date of service

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of the ruling on the parties.” Id. Thus, plaintiff’s request was due on or before September 9,

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2014. Therefore, plaintiff’s September 24, 2014 request for reconsideration of the magistrate

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judge’s order of August 26, 2014, is untimely. Good cause appearing, plaintiff is granted an

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additional thirty days in which to file a second amended complaint.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for reconsideration (ECF No. 23) is denied; and

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2. Plaintiff is granted an additional thirty days from the date this Order is signed in which

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to file a second amended complaint that complies with the August 26, 2014 order.

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Dated: November 13, 2014

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/orti0617.851

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