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McCUTCHEON v. STEWART, 15-cv-00781-JPG-DGW. (2016)

Court: District Court, S.D. Illinois Number: infdco20160223989 Visitors: 6
Filed: Feb. 22, 2016
Latest Update: Feb. 22, 2016
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the court on Plaintiff John McCutcheon's Stipulated Objections (Doc. 27) pursuant to 28 U.S.C. 636(b) and Local Rule 73.1(b). These rules provide that an objection to a magistrate judge's findings and recommendation can be filed within 14 days and the presiding district judge will make a de novo determination of those portions of the "findings or recommendations to which objection is made." The difficulty
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MEMORANDUM AND ORDER

This matter comes before the court on Plaintiff John McCutcheon's Stipulated Objections (Doc. 27) pursuant to 28 U.S.C. § 636(b) and Local Rule 73.1(b). These rules provide that an objection to a magistrate judge's findings and recommendation can be filed within 14 days and the presiding district judge will make a de novo determination of those portions of the "findings or recommendations to which objection is made."

The difficulty with Plaintiff's objections is that Magistrate Judge Frazier has made no findings or recommendations in this matter. He has also not entered any orders other than a single extension of time for responsive pleading.

No order is mentioned in Plaintiff's objections, and in fact, there is no statement, order, finding, recommendation and/or docket entry referenced that would identify to the court exactly what the Plaintiff's objections are referencing. Therefore, Plaintiff John McCutcheon's Stipulated Objections (Doc. 27) is DENIED.

IT IS SO ORDERED.

Source:  Leagle

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