WEST v. U.S

JOHN BAILEY, Chief District Judge

The above styled case is currently before the Court on petitioner's Motion to Reinstate Petition [Cr. Doc. 537/180]. On November 28, 2007, this Court granted petitioner an extension of time to file objections to the Report and Recommendation of United States Magistrate Judge James E. Seibert ("R R"). [3:00-cr-6 Doc. 503]. On November 14, 2007, the Court had, however, already adopted the R R (based in part on petitioner's failure to file objections within the ten days allotted). In petitioner's Motion to Reinstate Petition [Cr. Doc. 537/180], he argues that because the extension was granted and his failure to file objections in a timely fashion was for good cause, this Court should grant his motion and review his objections to the R R. This Court agrees.

As such, petitioner's Motion to Reinstate Petition [Cr. Doc. 537/180] is GRANTED, the adoption of the R R [Cr. Doc. 501/152; Cv. Doc. 12] is hereby VACATED and petitioner's petition is reinstated.

It is so ORDERED.

The Clerk is directed to transmit copies of this Order to all counsel of record herein and to mail a copy to the pro se plaintiff.

Exhibit