(PC) Sanchez v. Stancliff, et al., No. 1:2007cv00128 - Document 96 (E.D. Cal. 2009)

Court Description: ORDER STRIKING Plaintiff's Untimely 95 Objections to Magistrate Judge's Findings and Recommendations, signed by District Judge Lawrence J. O'Neill on 9/21/2009. (Jessen, A)

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(PC) Sanchez v. Stancliff, et al. Doc. 96 1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 ANTHONY JOSEPH SANCHEZ, 7 Plaintiff, 8 9 CASE NO. 1:07-cv-00128-LJO-SMS PC ORDER STRIKING PLAINTIFF’S UNTIMELY OBJECTION TO MAGISTRATE JUDGE’S FINDINGS AND RECOMMENDATIONS v. STANCLIFF, et al., 10 (Doc. 95) Defendants. / 11 12 13 On September 17, 2009, Plaintiff filed an Objection to the Magistrate Judge’s Findings and Recommendations, filed on August 14, 2009. 14 The parties were given fifteen days within which to object, making Objections due on or 15 before September 3, 2009. Fed. R. Civ. P. 6(d). No timely Objections were filed, and the 16 undersigned adopted the Findings and Recommendations in full and granted Defendants’ Motion 17 for Summary Judgment on September 14, 2009. 18 This action is closed and judgment was entered on September 14, 2009. Plaintiff’s Objection 19 is untimely and is HEREBY ORDERED STRICKEN from the record.1 20 IT IS SO ORDERED. 21 Dated: b9ed48 September 21, 2009 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 1 28 The Objection is dated September 10, 2009. (Doc. 95, court record p. 5.) Therefore, it is untimely even with the application of the prison mailbox rule. Douglas v. Noelle, 567 F.3d 1103, 1107-08 (9th Cir. 2009). 1 Dockets.Justia.com

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