Opinion
No. CIV S-09-0308 KJM CKD P
10-24-2011
PATRICK OTIS NELSON, Plaintiff, v. MURPHY, Defendant.
ORDER
On August 12, 2011, the magistrate judge issued an order denying plaintiff's motion to reschedule discovery. On September 8, 2011, plaintiff filed a motion for reconsideration of that order. Local Rule 303(b), states "rulings by Magistrate Judges . . . shall be final if no reconsideration thereof is sought from the Court within fourteen (14) days . . . from the date of service of the ruling on the parties." Plaintiff's motion for reconsideration of the magistrate judge's order of August 12, 2011 is therefore untimely.
According to the certificate of service, the objections were mailed September 1, 2011, which is deemed to be the filing date under the prison mailbox rule. Houston v. Lack, 487 U.S. 266, 276 (1988). Even so, the objections are not timely.
Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for reconsideration (Docket No. 45) is denied.
UNITED STATES DISTRICT JUDGE ____