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Whitfield v. Atchingson,

United States District Court, S.D. Illinois

May 19, 2015

BENYEHUDAH WHITFIELD, Plaintiff,
v.
MICHAEL ATCHINGSON, et al., Defendants.

MEMORANDUM AND ORDER

J. PHIL GILBERT, District Judge.

This matter comes before the court on the Plaintiff's Motion (Doc. 92) to Reconsider this Court's order of December 3, 2014 (Doc. 91) which struck Plaintiff's Objections (Doc. 90) to the Report and Recommendation (R & R) of Magistrate Judge Frazier (Doc. 87).

Plaintiff states in his Motion to Reconsider that the R & R was not mailed out until four days after it was entered into the record and that the R & R was not delivered by the U.S. Postal Service until November 15, 2014. Plaintiff provided a photo copy of the envelope which supports the mailing and delivery dates. The Plaintiff also notes that, 14 days from the date he received the R & R would place the deadline for his objection during Thanksgiving Weekend and that the Clerk's Office was closed during that period.

As Plaintiff has provided the Court with the envelope that demonstrates the late mailing and delivery of the R & R, the Court is GRANTING Plaintiff's Motion (Doc. 92) to Reconsider this Court's order of December 3, 2014 (Doc. 91). As an extension of granting Plaintiff's Motion (Doc. 91), the Court will review Plaintiff's Objection (Doc. 90) and reconsider its Order (Doc. 88) adopting the R & R.

The Court is also GRANTING Defendants additional time to object to the R & R and/or respond to Plaintiff's objection. Defendant's objection and/or response is due on or before June 10th, 2015.

IT IS SO ORDERED.


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