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Santos v. Smith

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


January 24, 2008

JORGE SANTOS, PLAINTIFF,
v.
DAVID G. SMITH, DAVE KHATRI AND SUNIL WALIA, DEFENDANTS.

The opinion of the court was delivered by: Honorable Larry Alan Burns United States District Judge

ORDER GRANTING EXTENSION OF TIME IN WHICH TO OBJECT TO REPORT AND RECOMMENDATION

On December 21, 2007, Magistrate Judge Ruben Brooks issued his report and recommendation (the "R&R"), and ordered the parties to file any objections to the R&R no later than January 31, 2008. By an ex parte motion dated January 17, 2008, Plaintiff, apparently mistaking the date, requested an extension of time in which to file his objections to the R&R. Plaintiff submitted a declaration under penalty of perjury stating that because of illness, denial of access to legal materials, he had not been able to prepare and file objections to the R&R. Plaintiff sought an extension of 30 days from January 21.

Plaintiff's reasons for seeking an extension of time are stated briefly and without detail. Nevertheless, the Court, finding good cause GRANTS this initial request for an extension of time. He may file his objections to the R&R no later than Wednesday, February 20, 2008.

Plaintiff is cautioned that no further requests for extension of time will be granted without a showing of extraordinarily good cause, which must include detailed and specific reasons why Plaintiff's request for a 30-day extension of time was inadequate, and which must be supported by a declaration under penalty of perjury.

IT IS SO ORDERED.

20080124

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