Lloyd v. Marshall et al (INMATE1)

Filing 89

ORDER construing Motion for Permission to File an Interlocutory Appeal as an Objection to 83 Order; Plf's 84 Objection to the Magistrate Judge's Order is OVERRULED; further ORDERED that this case is hereby REFERRED back to the Magistrate Judge for further proceedings. Signed by Honorable Judge Mark E. Fuller on 9/21/2011. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
DERRICK MYRON LLOYD
a.k.a., Rashad Abdul Hamid
# 11A2684
v.
DAVID T. MARSHALL. et. al.

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Case No. 2:08-cv-419 MEF
(WO)

ORDER
This cause is before the Court on Plaintiff’s “Motion for Permission to File an
Interlocutory Appeal,” Doc. #84, as to the Magistrate Judge’s order denying Plaintiff’s
“Motion to Amend and File a Permanent Injunction.” Doc. #82. The Magistrate Judge
construed plaintiff’s motion for an interlocutory appeal as a Notice of Appeal, which was
then passed on to the Eleventh Circuit. The Eleventh Circuit dismissed Plaintiff’s appeal sua
sponte, Doc. #87, because the Magistrate Judge’s order was not final and appealable and had
not been adopted by this Court. Id. This Court now construes Plaintiff’s “Motion for
Permission to File an Interlocutory Appeal” as an objection to the Magistrate Judge’s order
denying Plaintiff’s motion to amend. Doc. #83.
In accordance with Federal Rule of Civil Procedure 72(a), this Court has reviewed
Plaintiff’s objection, the Magistrate Judge’s Order, and Plaintiff’s original motion. In the
Order in question, the Magistrate Judge has set forth an appropriate factual and legal basis
for his decision to deny Plaintiff’s request to amend his original complaint to include a
request for a permanent injunction. This Court finds that the Magistrate Judge’s Order is

neither clearly erroneous, nor contrary to law. See Fed. R. Civ. P. 72(a).
For the reasons stated above, Plaintiff’s objection to the Magistrate Judge’s Order,
Doc. #84, is OVERRULED. It is further ORDERED that this case is hereby REFERRED
back to the Magistrate Judge for further proceedings.

st

DONE this the 21 day of September, 2011.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE