McBride et al v. Fannie Mae et al

Filing 17

ORDER signed by District Judge John A. Mendez on 04/26/18 GRANTING 16 Motion for Reconsideration to the extent the 08/11/16 14 Order is CORRECTED to reflect that no timely objections to the court's 10 05/26/16 F&Rs had been filed; the 10 05/26/16 F&Rs REMAIN ADOPTED in full and this matter remains closed. (Benson, A.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANNY McBRIDE, et al.,

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Plaintiffs,

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No. 2:15-CV-2263-JAM-CMK PS

v.

ORDER

FANNIE MAE, et al.,

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Defendants.

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Plaintiffs, who are proceeding pro se, brought this civil action. Pending before the

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court is plaintiffs’ motion for reconsideration of the court’s August 11, 2016, order and final

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judgment. Plaintiffs claim that, while the August 11, 2016, order stated that no objections to the

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Magistrate Judge’s May 26, 2016, findings and recommendations had been filed, they in fact filed

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objections on June 22, 2016. Plaintiffs are correct. See Doc. 11 (plaintiffs’ objections to findings

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and recommendations). Plaintiff’s objections, however, were untimely.
Under Federal Rule of Civil Procedure 60(a), the court may reconsider any order

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based on clerical mistakes. Because the August 11, 2016, order incorrectly recited that no

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objections had been filed, the court will grant relief under Rule 60(a) to reflect that no timely

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objections had been filed.

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiffs’ motion for reconsideration (Doc. 16) is granted to the extent the

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August 11, 2016, order is corrected to reflect that no timely objections to the court’s May 26,

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2016, findings and recommendations had been filed; and

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2.

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and this matter remains closed.

The May 26, 2016, findings and recommendations remain adopted in full

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DATED: April 26, 2018
/s/ John A. Mendez____________

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UNITED STATES DISTRICT COURT JUDGE

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