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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLOS KINKEADE,

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No. 2:15-cv-01375-TLN-CKD P

Plaintiff,
v.

ORDER

JEFFERY BEARD, et al.,
Defendants.

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On April 10, 2017, the Magistrate Judge issued an order denying Plaintiff’s Request for

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Order Extending Deadline for Motion to Amend (ECF No. 47) and Motion for Order Granting

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Leave to Amend the Complaint (ECF No. 53). (ECF No. 55.) On July 20, 2017, Plaintiff filed

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his Request for Reconsideration by the District Court of Magistrate Judge’s Ruling pursuant to

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Federal Rule of Civil Procedure 72(a) and Local Rule 303. (ECF No. 83.) Rule 72(a) permits a

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party to object to a non-dispositive pretrial order of a magistrate judge within fourteen days after

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service of the order. Fed. R. Civ. P. 72(a). If “timely objections” are filed, “[t]he district judge in

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the case must consider [them] and modify or set aside any part of the order that is clearly

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erroneous or contrary to law.” Id. Local Rule 303 describes a request that the assigned district

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court judge review the magistrate judge’s non-dispositive pre-trial order under the “‘clearly

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erroneous or contrary to law’ standard” as a “Request for Reconsideration by the District Court of

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Magistrate Judge’s Ruling.” L.R. 303 (c), (f). Local Rule 303(b) requires that such a request be

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made within 14 days of the challenged order. See L.R. 303(b). As the magistrate judge’s order

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was issued on April 10, 2017, Plaintiff’s request for reconsideration of that order on July 20,

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2017, is untimely under both Rule 72(a) and Local Rule 303(b).

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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.

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Dated: August 16, 2017

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Troy L. Nunley
United States District Judge

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