Opinion
Civil Case No. 09-cv-02021-LTB-MJW.
October 27, 2010
ORDER
This case is before me on Plaintiff's Motion for Relief from Judgment (Doc 52 — filed October 14, 2010). In it, Plaintiff asserts that his objections to the Magistrate Judge's Recommendation were indeed timely under the prison mail deposit rule.
On September 10, 2010, I entered my Order striking Plaintiff's response as untimely but in the alternative concluding that the Magistrate Judge's Recommendation is nevertheless correct. Out of an abundance of caution, I have re-reviewed the Magistrate Judge's Recommendation de novo in light of the file and record in this case. I again conclude that the Magistrate Judge's Recommendation is correct and order anew that the action is dismissed.
DATED: October 27, 2010