Xiong v. H. Kirkland

Full title: XAI XIONG, Plaintiff, v. H. KIRKLAND, et al. Defendants.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Mar 1, 2012

2:09-cv-03345-MCE GGH P (E.D. Cal. Mar. 1, 2012)

Opinion

XAI XIONG, Plaintiff, v. H. KIRKLAND, et al. Defendants. No. 2:09-cv-03345-MCE GGH P United States District Court, E.D. California. March 1, 2012

          ORDER

          MORRISON C. ENGLAND, Jr., District Judge.

         On January 5, 2012, the Magistrate Judge issued an order denying plaintiff's second motion for an extension of time to file a sur-reply to defendants' motion for summary judgment. On February 22, 2012, plaintiff filed a request 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 days... from the date of service of the ruling on the parties..." E.D. Local Rule 303(b). Plaintiff's request for reconsideration of the magistrate judge's order of January 5, 2012 is therefore untimely.

         The court additionally notes that the magistrate judge issued findings and recommendations regarding the motion for summary judgment on January 25, 2012.

         Accordingly, IT IS HEREBY ORDERED that plaintiff's February 22, 2012 request for reconsideration is DENIED.