ORDER OVERRULING OBJECTION PURSUANT TO FED. R. CIV. P. 72(a)
WILLIAM J. MARTÍNEZ, District Judge.
Now before the Court is Plaintiff's Verified Motion for Court Review of Order (ECF No. 190 (Plaintiff's "Motion").) Plaintiff's Motion seeks review of an Order entered by U.S. Magistrate Judge Craig B. Shaffer on July 14, 2017. (ECF No. 168 (the "Order")), under Federal Rule of Civil Procedure 72(a).
Here, Judge Shaffer's Order permitted the late filing of two Motions to Dismiss by certain Defendants, on Monday, July 10, 2017, or one business day after the filing deadline of Friday, July 7, 2017, in part because of scheduled maintenance to the Court's CM/ECF electronic filing system beginning at approximately 5:00p.m. on July 7, 2017 (i.e., before the Defendants' midnight filing deadline). The Order simultaneously granted Plaintiff's request for additional time to respond to the Motions to Dismiss.
The Court finds no error in Judge Shaffer's ruling, much less clear error warranting reversal under Rule 72(a). To the contrary, Judge Shaffer's Order correctly pointed out that Plaintiff "has not articulated any prejudice," and reaffirmed the Court's preference "to have motions and proceedings decided on their merits as opposed to technicalities." (ECF No. 168.) Plaintiff's present Motion points to no legal or factual error in Judge Shaffer's ruling. Plaintiff "agrees . . . that [D]efendants' failure to timely file [was] due to excusable neglect." (ECF No. 190 ¶ 11.) And, while Plaintiff "complains of prejudice," he offers no explanation of how he has been prejudiced. (Id. ¶ 17.)
To the extent Plaintiff complains more generally that he is being treated unfairly, held to a higher standard than Defendants, or subjected to an "inherent bias," (see id. ¶¶ 15-21), the Court finds these claims unfounded. The thrust of Plaintiff's complaints goes to his dissatisfaction with the Court's entry of a stay of discovery (id. ¶¶ 15 & 20), but that matter is not raised herein, and in any event, any error related to the stay would not be appropriately rectified by striking Defendants' Motions to Dismiss based on timing rather than addressing them on their merits.
For the reasons set forth above, the Court Judge Shaffer's Order (ECF No. 168) is AFFIRMED and Plaintiff's Motion (ECF No. 190) is OVERRULED.