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Andreas v. Cate

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 10, 2009

NICOLAS DAVID ANDREAS, PLAINTIFF,
v.
MATTHEW CATE, ET AL., DEFENDANTS.

ORDER

On August 24, 2009*fn1, plaintiff filed a motion to vacate the magistrate judge's order filed July 30, 2009, granting plaintiff thirty days to file an amended complaint. The court construes plaintiff's motion to vacate as a request for reconsideration.

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." E.D. Local Rule 72-303(b). Plaintiff's request for reconsideration of the magistrate judge's order of July 30, 2009, is therefore untimely.

Accordingly, IT IS HEREBY ORDERED that:

1. Plaintiff's motion to vacate (no. 17) is construed as a request for reconsideration;

2. Plaintiff's request for reconsideration is denied;

3. Plaintiff's amended complaint is due within thirty days of the date of this order.*fn2


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