Merkelo v. Spidell

Filing 7

ORDER signed by Judge Kimberly J. Mueller on 10/14/14 VACATING 6 Order Adopting Findings and Recommendations to allow the parties time to file objections with the 10-day period. This court retains jurisdiction. Case reopened. (Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JERRY MERKELO,

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Plaintiff,

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No. 2:14-cv-2010-KJM-EFB PS

v.

ORDER

RODNEY SPIDELL,

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Defendant.

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On September 2, 2014, Magistrate Judge Edmund Brennan issued findings and

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recommendations in this matter. ECF No. 3. On September 18, 2014, defendant Rodney Spidell

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filed a motion for a ten-day extension of time to respond to the findings and recommendations.

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ECF No. 4. In an order issued on October 1, 2014, Judge Brennan granted the motion, allowing

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the parties an additional ten days from the date of that order to file objections. ECF No. 5. On

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October 9, 2014, before the expiration of that ten-day period, this court adopted Judge Brennan’s

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findings and recommendation and remanded the case to the Superior Court for the County of

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Sacramento. ECF No. 6.

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To allow the parties time to file objections within the ten-day period ordered by

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Judge Brennan, the previous order adopting Judge Brennan’s findings and recommendations and

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remanding the case is VACATED, and this court retains jurisdiction.

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IT IS SO ORDERED.
Dated: October 14, 2014.

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UNITED STATES DISTRICT JUDGE

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