United States District Court, S.D. New York
September 14, 2005.
PHILLIP ERIC SOBEL, Plaintiff,
COMMUNITY ACCESS, INC., et al., Defendants.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
Plaintiff moves to (1) reconsider the Court's ruling on his
August 15, 2005 motion for an extension of time, (2) "override
Judge Dolinger's orders (or lack thereof) re: certain requests
for accommodations," and (3) "ask Judge Dolinger to clarify a
citation in his R & R and recheck accuracy of citations."
The first branch of the relief sought in substance is a request
for another extension of time within which to object to the
report and recommendation of Magistrate Judge Dolinger. The time
fixed by statute within which to file objections is ten days. At
the expiration of the current extension on September 22, 2005,
plaintiff will have had more than 100. While the Court, as
indicated previously, is most sympathetic to plaintiff's physical
and medical problems, his interests and concerns are not the only
considerations. Nevertheless, the Court hereby grants an
additional three weeks, until October 13, 2005, within which to
file his objections, if any. Any request for a further extension
must be accompanied by an affidavit of a physician describing
fully plaintiff's physical and medical conditions and setting
forth the physician's opinions as to (1) whether plaintiff's
condition has prevented him from filing objections in the lengthy
period since the report and recommendation was filed, and (2)
when, if ever, the physician believes that plaintiff would be
able to file objections.
The motion is denied in all other respects.
© 1992-2005 VersusLaw Inc.