IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 14, 2009
L. QIYAM POGUE, PLAINTIFF,
JAMES TILTON, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Plaintiff has requested a thirty-day extension of time to file objections to the August 26, 2009, findings and recommendations. Plaintiff also asserts that page 7 was missing from the findings and recommendations served upon him and asks that the complete document be re-served upon him.
In making his requests, plaintiff inaccurately states that the initial period of time for filing his objections was thirty days, but the recommendation clause clearly includes a notice that written objections must be filed within twenty days of service of the findings and recommendations.
The court will grant plaintiff's request to have the findings and recommendations re-served upon him. One missing page, however, is not enough to warrant a thirty-day extension of time. Plaintiff will be granted a partial extension of time until September 28, 2009, to have his objections filed in this court. The court's calendar will permit no further extension.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's September 8, 2009, motion for an extension of time (Docket # 148) is partially granted;
2. Plaintiff's request for re-service of a copy of the August 26, 2009 (Docket # 147), findings and recommendations is granted, and the Clerk of the Court is to re-serve those findings and recommendations in full, along with a copy of this order upon plaintiff;
3. Plaintiff is granted until September 28, 2009, to have objections to the August 26, 2009, findings and recommendations filed in this court; and
4. There will be no further extension of time.
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