Opinion
CIVIL ACTION NO. 3:05-CV-103, CRIMINAL ACTION NO. 3:00-CR-6, 3:00-CR-46.
July 6, 2009
ORDER GRANTING PETITIONER'S MOTION TO REINSTATE PETITION, AND VACATING ADOPTION OF REPORT AND RECOMMENDATION
The above styled case is currently before the Court on petitioner's Motion to Reinstate Petition [Cr. Doc. 537/180]. On November 28, 2007, this Court granted petitioner an extension of time to file objections to the Report and Recommendation of United States Magistrate Judge James E. Seibert ("R R"). [3:00-cr-6 Doc. 503]. On November 14, 2007, the Court had, however, already adopted the R R (based in part on petitioner's failure to file objections within the ten days allotted). In petitioner's Motion to Reinstate Petition [Cr. Doc. 537/180], he argues that because the extension was granted and his failure to file objections in a timely fashion was for good cause, this Court should grant his motion and review his objections to the R R. This Court agrees.
As such, petitioner's Motion to Reinstate Petition [Cr. Doc. 537/180] is GRANTED, the adoption of the R R [Cr. Doc. 501/152; Cv. Doc. 12] is hereby VACATED and petitioner's petition is reinstated.
It is so ORDERED.
The Clerk is directed to transmit copies of this Order to all counsel of record herein and to mail a copy to the pro se plaintiff.
Exhibit