(PS) Olson v. Puckett et al
ORDER signed by Magistrate Judge Dennis M. Cota on 11/18/22 VACATING the hearing set for 12/7/22 at 10:00am, DENYING 113 Motion for Clarification, GRANTING 113 Motion for Extension of Time and DIRECTING the parties to file objections to the 109 findings and recommendations within 30 days of the date of this order. (Licea Chavez, V)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
ROBERT PUCKETT, SR., et al.,
Plaintiff, who is proceeding pro se, brings this civil action. Pending before the
Court is Plaintiff’s motion for clarification and/or an extension of time. See ECF No. 113.
Defendants have filed an opposition. See ECF No. 116. Plaintiff has noticed her motion for a
hearing before the undersigned in Redding, California, on December 7, 2022, at 10:00 a.m.
Pursuant to Eastern District of California Local Rule 230(g), the hearing on
Plaintiff’s motion will be taken off calendar because the Court finds that the matter is appropriate
for a decision on the record and briefs without oral argument.
In her motion, Plaintiff states that she seeks “clarification” of the Court’s August
31, 2022, findings and recommendations. See ECF No. 113. According to Plaintiff, the findings
and recommendations contain various errors of fact and law. See id. at 1. To the extent Plaintiff
believes the findings and recommendations contain errors, she may so argue in objections to the
findings and recommendations, not by way of the instant motion. In this regard, the docket
reflects that despite the Court having previously granted Plaintiff’s request for an extension of
time to file her objections, she for some reason instead elected to file the instant motion and
notice a hearing on the Court’s calendar. Nonetheless, the Court will grant Plaintiff’s request for
an additional extension of time.
Accordingly, IT IS HEREBY ORDERED that:
The hearing before the undersigned in Redding, California, set for
December 7, 2022, at 10:00 a.m., is vacated;
Plaintiff’s motion for clarification, ECF No. 113, is denied without
prejudice to renewing her arguments in objections to the Court’s August 31, 2022, findings and
Plaintiff’s motion for an extension of time, ECF No. 113, is granted;
The parties may file objections to the Court’s August 31, 2022, findings
and recommendations within 30 days of the date of this order.
Dated: November 18, 2022
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE
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