Bills et al v. Klee

Filing 86

ORDER Granting 80 Second and Final Extension of Time for Plaintiff to File Objections to Report and Recommendation. Signed by District Judge Matthew F. Leitman. (HMon)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RICKEY BILLS, Plaintiff, Case No. 15-cv-11414 Hon. Matthew F. Leitman v. PAUL KLEE, et al., Defendants. __________________________________________________________________/ ORDER GRANTING SECOND AND FINAL EXTENSION OF TIME FOR PLAINTIFF TO FILE OBJECTIONS TO REPORT AND RECOMMENDATION (ECF #80) On July 8, 2019, the assigned Magistrate Judge in this action issued a report and recommendation in which he recommended that the Court grant Defendants’ motion for summary judgment (the “R&R”). (See R&R, ECF No. 79.) In the R&R, the Magistrate Judge informed Plaintiff Rickey Bills that if Bills wanted to file objections to the R&R, he needed to do so within fourteen days. (See id., PageID.808-09.) On July 18, 2019, within the time period to file objections to the R&R, Bills filed an unopposed motion to extend the time to file his objections. (See Mot., ECF No. 80.) The Court granted that motion and extended the time for Bills to file objections to the R&R until September 9, 2019. (See Order, ECF No. 81.) 1 On September 3, 2019, Bills filed a response with the Court in which Bills said that he was a “little confused” by the Court’s September 9, 2019, order. (ECF No. 84, PageID.841.) Bills explained that on or about July 22, 2019 (i.e., prior to the Court’s entry of the September 9, 2019, order granting him an extension to file his objections) he “mailed [his] objections” to the Court. (Id., PageID.840.) Bills therefore did not understand why the Court was granting him an extension “when [he] already mailed [his] objections to the R&R.” (Id., PageID.841.) The Court has not received any objections from Bills to the Magistrate Judge’s July 8, 2019, R&R. The Court will therefore assume that the objections were lost in the mail. Accordingly, the Court will grant Bills a second (and final) extension of time so that he may re-file his objections with the Court. Bills shall file any objections to the July 8, 2019, R&R (ECF No. 80) by no later than November 15, 2019. IT IS SO ORDERED. s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: September 30, 2019 2 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on September 30, 2019, by electronic means and/or ordinary mail. s/Holly A. Monda Case Manager (810) 341-9764 3

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