Opinion
Case No. 03-CV-6450 (LAK).
March 28, 2005
Darlington Amadasu, M.D. Plaintiff, Lay Pro Se.
PLAINTIFF'S MOTION FOR FURTHER EXTENSION OF TIME TO OBJECT TO MAGISTRATE'S REPORT RECOMMENDATION
The time to object to the Magistrate Judge's Report and Recommendation ("RR") and to request Rule 72 district judge de novo review of the entire record of the proceedings has not expired. Pursuant to FRCP 6(b) plaintiff previously moved this court for an order and the court granted extension of time to file and serve objections to the RR, and to request Rule 72 district judge de novo review on or before March 31, 2005. Plaintiff now moves this court for further enlargement of time to file and serve objections to the RR on or before April 29, 2005. The reasons for the relief are set forth below.
MEMORANDUM FOR EXTENTION OF TIME
On January 31, 2005 plaintiff had surgery requiring at least six (6) weeks of post-surgery recuperation. Plaintiff has been placed on disability for at least six weeks by his surgeon beginning from 01/31/05 to 03/12/05; accordingly, plaintiff has been unable to object to the RR by the deadline. Since the granting of the enlargement of time, plaintiff's postoperative conditions have not improved to the level that would enable him do research, prepare, file and serve his objections before or on March 31, 2005 and his doctor has determined that he has not recuperated enough to function well and consequently extended his disability as corroborated by medical certificate annexed hereto as Ex. 1. Plaintiff is scheduled to visit his doctor on 3/25/05 for further evaluation and treatment.
Plaintiff needs extended time to research the complex factual and legal issues raised in the RR, prepare and file his adequate objections and plaintiff will be unable to do these by 3/31/05.
CONCLUSION
For the foregoing, plaintiff prays this court to grant the relief sought on the ground of medically inability.