Bailey v. Enloe Medical Center

Filing 88

ORDER signed by Chief District Judge Kimberly J. Mueller on 6/23/2021 GRANTING plaintiff an additional 30 day to file any objections to the 75 Findings and Recommendations and DENYING AS MOOT 82 Motion for Reconsideration. (Coll, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Dan Bailey,

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No. 2:18-cv-00055-KJM-DMC
Plaintiff,

ORDER

v.
Enloe Medical Center,
Defendant.

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Plaintiff Dan Bailey moves for reconsideration of the magistrate judge’s order denying his

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request for an extension of time to object to the findings and recommendations filed February 23,

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2021. See Am. Mot. Recons., ECF No. 82; Order Denying Mot. Extension of Time, ECF No. 80;

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Findings & Recommendations, ECF No. 75. At the time plaintiff filed his motion, he was not

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represented by counsel. Counsel has now appeared to represent him. ECF No. 87. This matter is

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therefore no longer referred to the assigned magistrate judge for all pretrial purposes. See E.D.

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Cal. L.R. 302(c)(21) (“Actions initially assigned to a Magistrate Judge under this paragraph shall

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be referred back to the assigned Judge if a party appearing in propria persona is later represented

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by an attorney appearing in accordance with L.R. 180.”).

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The court elects, however, to maintain the reference to the limited extent that the findings

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and recommendations at ECF No. 75 will remain pending, and the court will consider them. In

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light of counsel’s recent appearance for plaintiff and on the court’s own motion, plaintiff is
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permitted an additional thirty days to file any objections to the magistrate judge’s findings and

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recommendations. The motion for reconsideration at ECF No. 82 is denied as moot.

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This order resolves ECF No. 82.

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IT IS SO ORDERED.

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DATED: June 23, 2021.

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