What is the name of your state (only U.S. law)? Ohio
So I file a civil rights action in federal district court. Im proceeding pro se and sought application to proceed IFP. The magistrate judge assigned to the case issues and order granting IFP status and ordering the US Marshal to serve the summons and complaint on the defendant and the deft being ordered to answer or otherwise respond to the complaint in 45 days. Fed. R.Civ. P. 12(a)(1)(A)(i) states 21 days. Nothing within the 51 pages of the court's local rules permits 45 days to respond. I submit objections to the judge basically saying the same thing above and he responds affirming the magistrate's order giving the deft 45 days to answer under Rule 6(b)(1)(A) of the fed. civil rules. Rule 12 says the deft MUST respond within 21 days. HOw does rule 6 permit a magistrate to grant a deft 45 days to respond when the mandatory language of rule 12 and the rule itself says otherwise? The magistrate didn't even offer an explanation and I vaguely received one from the judge upon ruling on my objection. But I don't see anywhere that a magistrate can grant 45 days to respond to a complaint when rule 12 says otherwise and there is no waiver of time under rule 4 nor has any party consented or requested the extension/enlargement. If you can add some clarity I would appreciate it; especially if you have some law to support your position.
So I file a civil rights action in federal district court. Im proceeding pro se and sought application to proceed IFP. The magistrate judge assigned to the case issues and order granting IFP status and ordering the US Marshal to serve the summons and complaint on the defendant and the deft being ordered to answer or otherwise respond to the complaint in 45 days. Fed. R.Civ. P. 12(a)(1)(A)(i) states 21 days. Nothing within the 51 pages of the court's local rules permits 45 days to respond. I submit objections to the judge basically saying the same thing above and he responds affirming the magistrate's order giving the deft 45 days to answer under Rule 6(b)(1)(A) of the fed. civil rules. Rule 12 says the deft MUST respond within 21 days. HOw does rule 6 permit a magistrate to grant a deft 45 days to respond when the mandatory language of rule 12 and the rule itself says otherwise? The magistrate didn't even offer an explanation and I vaguely received one from the judge upon ruling on my objection. But I don't see anywhere that a magistrate can grant 45 days to respond to a complaint when rule 12 says otherwise and there is no waiver of time under rule 4 nor has any party consented or requested the extension/enlargement. If you can add some clarity I would appreciate it; especially if you have some law to support your position.