Kinkeade v. Beard et al

Filing 97

ORDER signed by District Judge Troy L. Nunley on 8/16/17 ORDERING that Plaintiff's Reconsideration by the District Court of Magistrate Judge's Ruling 83 is DENIED. (Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CARLOS KINKEADE, 12 13 14 15 No. 2:15-cv-01375-TLN-CKD P Plaintiff, v. ORDER JEFFERY BEARD, et al., Defendants. 16 17 On April 10, 2017, the Magistrate Judge issued an order denying Plaintiff’s Request for 18 Order Extending Deadline for Motion to Amend (ECF No. 47) and Motion for Order Granting 19 Leave to Amend the Complaint (ECF No. 53). (ECF No. 55.) On July 20, 2017, Plaintiff filed 20 his Request for Reconsideration by the District Court of Magistrate Judge’s Ruling pursuant to 21 Federal Rule of Civil Procedure 72(a) and Local Rule 303. (ECF No. 83.) Rule 72(a) permits a 22 party to object to a non-dispositive pretrial order of a magistrate judge within fourteen days after 23 service of the order. Fed. R. Civ. P. 72(a). If “timely objections” are filed, “[t]he district judge in 24 the case must consider [them] and modify or set aside any part of the order that is clearly 25 erroneous or contrary to law.” Id. Local Rule 303 describes a request that the assigned district 26 court judge review the magistrate judge’s non-dispositive pre-trial order under the “‘clearly 27 erroneous or contrary to law’ standard” as a “Request for Reconsideration by the District Court of 28 Magistrate Judge’s Ruling.” L.R. 303 (c), (f). Local Rule 303(b) requires that such a request be 1 made within 14 days of the challenged order. See L.R. 303(b). As the magistrate judge’s order 2 was issued on April 10, 2017, Plaintiff’s request for reconsideration of that order on July 20, 3 2017, is untimely under both Rule 72(a) and Local Rule 303(b). 4 5 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Request for Reconsideration by the District Court of Magistrate Judge’s Ruling (ECF No. 83) is DENIED. 6 7 Dated: August 16, 2017 8 9 10 Troy L. Nunley United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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