IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 24, 2009
JOHN MONTALVO, PETITIONER,
MALFI, ACTING WARDEN, ET AL., RESPONDENTS.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
On January 12, 2009, the Magistrate Judge issued an order denying petitioner's motion for a stay of the proceedings. On February 18, 2009, plaintiff filed a request for reconsideration of that order. Local Rule 72-303(b) states "rulings by Magistrate Judges shall be final if no reconsideration thereof is sought from the Court within ten court days . . . from the date of service of the ruling on the parties." Plaintiff's request for reconsideration of the magistrate judge's order of January 12, 2009, is therefore untimely.
Accordingly, IT IS HEREBY ORDERED that plaintiff's February 18, 2009, request for reconsideration is denied.
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