(PS) Olson v. Puckett et al

Filing 120

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)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KIMBERLY OLSON, 12 13 14 15 No. 2:21-CV-1482-KJM-DMC Plaintiff, v. ORDER ROBERT PUCKETT, SR., et al., Defendants. 16 17 Plaintiff, who is proceeding pro se, brings this civil action. Pending before the 18 Court is Plaintiff’s motion for clarification and/or an extension of time. See ECF No. 113. 19 Defendants have filed an opposition. See ECF No. 116. Plaintiff has noticed her motion for a 20 hearing before the undersigned in Redding, California, on December 7, 2022, at 10:00 a.m. 21 Pursuant to Eastern District of California Local Rule 230(g), the hearing on 22 Plaintiff’s motion will be taken off calendar because the Court finds that the matter is appropriate 23 for a decision on the record and briefs without oral argument. 24 In her motion, Plaintiff states that she seeks “clarification” of the Court’s August 25 31, 2022, findings and recommendations. See ECF No. 113. According to Plaintiff, the findings 26 and recommendations contain various errors of fact and law. See id. at 1. To the extent Plaintiff 27 believes the findings and recommendations contain errors, she may so argue in objections to the 28 findings and recommendations, not by way of the instant motion. In this regard, the docket 1 1 reflects that despite the Court having previously granted Plaintiff’s request for an extension of 2 time to file her objections, she for some reason instead elected to file the instant motion and 3 notice a hearing on the Court’s calendar. Nonetheless, the Court will grant Plaintiff’s request for 4 an additional extension of time. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. 7 8 9 10 The hearing before the undersigned in Redding, California, set for December 7, 2022, at 10:00 a.m., is vacated; 2. 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 recommendations; 11 3. Plaintiff’s motion for an extension of time, ECF No. 113, is granted; 12 4. The parties may file objections to the Court’s August 31, 2022, findings 13 and recommendations within 30 days of the date of this order. 14 15 Dated: November 18, 2022 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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