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United States v. Ganoe

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


November 3, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
BRIAN GANOE, DONALD MCKAY, AND MAC MCFARLIN DEFENDANTS.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

ORDER DENYING REQUEST FOR CLARIFICATION

Again dissatisfied with this court's rulings [Docs. 12 and 13] on their Application for Order Shortening Time [Doc. 5] and Motion for Reconsideration [Docs. 10 and 11], defendants have filed yet another pleading entitled Request for Clarification.*fn1 Defendants apparently disagree with the court's ability to reconsider and deny their Motion for Reconsideration, instead believing that such matters should be heard by a district judge.

This court's authority to preside over petty offenses is found in Local Rule 72-302(b)(3). See also, 28 U.S.C. 636(a)(3); Rule 58, Fed. Rules of Crim. Proc.; 18 U.S.C. 3401. This authority allows magistrate judges "to hear and dispose of all pretrial or post-trial matters arising in that action." Local Rule 58-421. Obviously, this would allow this court to hear and dispose of applications for orders shortening time, motions for reconsideration and requests for miscellaneous relief which would arguably encompass defendants' Requests for Clarification.

Defendants apparently rely on Local Rule 72-303(c) in support of their belief that any type of pretrial ruling in a petty offense matter is subject upon proper motion to reconsideration by a district judge. This Local Rule, although allowing reconsideration of rulings of a magistrate judge to a district judge, applies only to duties assigned to the magistrate judge under 28 U.S.C. § 636(b). See Local Rule 72-302(a).

Absent a similar Local Rule or reference for pretrial rulings made under 28 USC 636(a), the magistrate judge shall hear and rule on all pretrial motions which would necessarily include motions for reconsideration*fn2 and clarification. Local Rules 58-421(b) and 72-302(b)(3).

Accordingly,

IT IS HEREBY ORDERED THAT:

1. Defendants' Request for Clarification is denied.


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