Opinion
2:19-cv-00406-TLN-KJN
09-09-2021
MICHAEL WITKIN, Plaintiff, v. M. LOTERSZTAIN, et al., Defendants.
ORDER
Troy L. Nunley, United States District Judge
On August 4, 2021, Plaintiff filed a motion for reconsideration of the magistrate judge's order filed on July 14, 2021, denying Plaintiffs motion to modify the discovery order.
Plaintiffs motion for reconsideration was served on July 24, 2021 (ECF No. 39 at 17) and was therefore timely filed under the mailbox rule. See Houston v. Lack, 487 U.S. 266, 270 (1988); Douglas v. Noelle, 567 F.3d 1103, 1108-09 (9th Cir. 2009) (mailbox rule articulated in Houston applies to civil rights actions).
Pursuant to E.D. Local Rule 303(f), a magistrate judge's orders shall be upheld unless “clearly erroneous or contrary to law.” Id. 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, upon reconsideration (ECF No. 39), the order of the magistrate judge filed July 14, 2021 (ECF No. 38) is AFFIRMED.