(PC) Brown v. Castrillo, et al., No. 2:2019cv00248 - Document 21 (E.D. Cal. 2019)

Court Description: ORDER signed by District Judge Morrison C. England, Jr on 12/3/2019 GRANTING Plaintiff's motion to vacate judgment (ECF No. 20 ); and GRANTING Plaintiff fourteen days from the date of service of this order in which to file objections to the magistrate judge's 9/5/2019 findings and recommendations.(Becknal, R)

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(PC) Brown v. Castrillo, et al. Doc. 21 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONNIE CHEROKEE BROWN, 12 Plaintiff, 13 14 No. 2:19-cv-0248 MCE CKD P v. ORDER E.F. CASTILLO, et al., 15 Defendants. 16 On September 5, 2019, the magistrate judge assigned to this case recommended that 17 18 plaintiff’s amended complaint be dismissed for failure to state a claim upon which relief can be 19 granted and that this case be closed. Plaintiff was given an opportunity to file objections to the 20 findings and recommendations. On October 30, 2019, and after the time allotted for filing 21 objections expired, the findings and recommendations were adopted in full and judgment was 22 entered. On November 15, 2019, plaintiff filed a motion asking that judgment be vacated and that 23 he be granted 14 days within which to file objections to the September 5, 2019 findings and 24 recommendations. Essentially, plaintiff asserts he could not file objections prior to the entry of 25 judgment because of mental health problems and prison transfers. 26 ///// 27 ///// 28 ///// Dockets.Justia.com 1 Good cause appearing, IT IS HEREBY ORDERED that: 2 1. Plaintiff’s motion to vacate judgment (ECF No. 20) is granted; and 3 2. Plaintiff is granted fourteen days from the date of service of this order in which to file 4 5 6 objections to the magistrate judge’s September 5, 2019 findings and recommendations. IT IS SO ORDERED. Dated: December 3, 2019 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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