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Ortiz v. Kilquist

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


October 3, 2007

JOHNNY ORTIZ, PLAINTIFF,
v.
WILLIAM J. KILQUIST, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

Before the Court is Plaintiff's Motion for Extension of Time to File Objections to Report and Recommendation ("R&R") and for Order Directing Clerk to Serve Copies (Doc. 47). Magistrate Judge Frazier initially entered an R&R (Doc. 32) granting Defendants' Motion for Summary Judgment (Doc. 15) in this case. As Plaintiff had failed to timely object, the Court adopted the R&R (Doc. 33). However, the Court later vacated its Order (Doc. 46) upon granting Plaintiff's Motion for Reconsideration (Doc. 44), thereby allowing him an extension of time, until August 17, 2006, to file objections to the R&R.

Again, Plaintiff seeks a further extension of time, filing this request after the August 17 th deadline. Although Plaintiff claims that circumstances beyond his control did not provide for his timely preparation and filing of his objections, there is no reason why the motion for extension of time could not have at least been mailed by the August 17 th deadline set by the Court. Plaintiff's own Motion states that he at least had the means to obtain paper, pencil and a stamp by that date. Plaintiff has been granted numerous extensions in this case, but the Court's generosity and patience has given out.

For this reason, Plaintiff's Motion (Doc. 47) is DENIED, whereby the Court REINSTATES its previous Order (Doc. 33), adopting the R&R granting Defendants' Motion for Summary Judgment (Doc. 15). Summary judgment shall be entered in favor of Defendants.

Plaintiff is hereby advised of his right to appeal this Order with the United States Appellate Court for the Seventh Circuit. The time for filing a Notice of Appeal shall be pursuant to FEDERAL RULE OF APPELLATE PROCEDURE 4 .*fn1 The Clerk is instructed to close the case file.

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court


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