Elawyers Elawyers
Ohio| Change

McDaniels v. Stewart, C15-5943 BHS. (2019)

Court: District Court, D. Washington Number: infdco20190110e79 Visitors: 16
Filed: Jan. 09, 2019
Latest Update: Jan. 09, 2019
Summary: ORDER DENYING PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME, GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR LEAVE TO FILE EXCESS PAGES, TERMINATING PLAINTIFF'S OBJECTIONS, AND RENOTING REPORT AND RECOMMENDATION BENJAMIN H. SETTLE , District Judge . This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable David W. Christel, United States Magistrate Judge, Dkt. 263, and Plaintiff Peter McDaniels's ("McDaniels") motion for relief from deadline, Dk
More

ORDER DENYING PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME, GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR LEAVE TO FILE EXCESS PAGES, TERMINATING PLAINTIFF'S OBJECTIONS, AND RENOTING REPORT AND RECOMMENDATION

This matter comes before the Court on the Report and Recommendation ("R&R") of the Honorable David W. Christel, United States Magistrate Judge, Dkt. 263, and Plaintiff Peter McDaniels's ("McDaniels") motion for relief from deadline, Dkt. 264, motion for leave to file excess pages, Dkt. 268, and objections to the R&R, Dkt. 269.

On September 24, 2018, Judge Christel issued the R&R recommending that the Court grant Defendants' motion for summary judgment on all of McDaniels's claims. Dkt. 263. On September 26, 2018, McDaniels filed a motion for relief from the deadline to file objections. Dkt. 264. McDaniels requested a six-week extension to file objections for various reasons. Id. On October 4, 2018, McDaniels filed a motion for leave to file excess pages and objections to the R&R. Dkts. 268, 269.

Except as otherwise provided by court order or rule, objections to a magistrate judge's order or recommended disposition, or any response thereto, shall not exceed twelve pages. Local Rules W.D. Wash. LCR 72.

In this case, McDaniels requests leave to file fifty-seven pages of objections. Dkt. 268. The Court finds this request excessive given the fact that the R&R is only twenty-four pages. McDaniels should be able to limit his objections to twenty-four pages. Therefore, the Court GRANTS McDaniels's motion for leave in part and DENIES the motion in part.

In order to accommodate the new page limit, the Clerk shall renote the R&R, Dkt. 263, for consideration on the Court's February 1, 2019 calendar and terminate McDaniels's current objections, Dkt. 269. McDaniels may file new objections not to exceed twenty-four pages no later than February 1, 2019. If McDaniels fails to file new objections, the Court will consider the first twenty-four pages of his original objections.

In light of this order, the Court DENIES McDaniels's motion for an extension of time as moot.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer