DeMartini, et al. v. DeMartini, et al.

Filing 101

AMENDED FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/28/16, amending 99 FINDINGS and RECOMMENDATIONS. Matter referred to District Judge John A. Mendez. Within 14 days after being served with these amended findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY DeMARTINI, et al.,

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No. 2:14-cv-2722 JAM CKD PS

Plaintiffs,
v.

AMENDED FINDINGS AND
RECOMMENDATIONS

MICHAEL DeMARTINI, et al.,
Defendants.

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On April 14, 2016, findings and recommendations were filed. ECF No. 99. Plaintiffs/

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counterdefendants have filed “objections” requesting clarification of an apparent inconsistency in

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the findings and recommendations. The objections are well taken; the court committed a clerical

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error in drafting the findings and recommendations.

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Accordingly, THE FINDINGS AND RECOMMENDATIONS, filed April 14, 2016 (ECF
No. 99), ARE AMENDED AS FOLLOWS:
a. ECF No. 99 at 9:12, “Plaintiffs/counterclaimants . . .” is amended to read
“Plaintiffs/counterdefendants . . .”
b. ECF No. 99 at 12:12, “. . . be denied without prejudice to its renewal. . .” is
amended to read “. . . be granted without prejudice to its renewal . . .”
These amended findings and recommendations are submitted to the United States District
Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen
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days after being served with these amended findings and recommendations, any party may file

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written objections with the court and serve a copy on all parties. Such a document should be

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captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file

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objections within the specified time may waive the right to appeal the District Court’s order.

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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: April 28, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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