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Ralph E. Glynn v. California Department of Corrections and Rehabilitation

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


March 16, 2012

RALPH E. GLYNN, PLAINTIFF,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ET AL., DEFENDANTS.

ORDER

Pursuant to the mailbox rule, on January 14, 2012, plaintiff filed a request for reconsideration of the magistrate judge's order filed January 4, 2012, dismissing with leave to amend, in part, plaintiff's complaint. Pursuant to E.D. Local Rule 303(f), a magistrate judge's orders shall be upheld unless "clearly erroneous or contrary to law.

An order dismissing of a claim with leave to amend is considered a non-dispositive order, and is within the scope of the magistrate judge's authority. McKeever v. Block, 932 F.2d 795, 798 (9th Cir. 1991).

Upon review of the entire file, the court finds that it does not appear that the magistrate judge's ruling was clearly erroneous or contrary to law. Therefore, IT IS HEREBY ORDERED that:

1. Upon reconsideration, the order of the magistrate judge filed January 4, 2012 is affirmed;

2. Plaintiff is granted thirty days from the date of this order to file an amended complaint.

20120316

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