Wheeler v. Dunn (INMATE 1)

Filing 45

ORDER OVERRULING the plaintiff's 24 Objection, as further set out in order; further ORDERING that the case is referred back to the Magistrate Judge for appropriate action. Signed by Honorable Judge Truman M. Hobbs on 10/16/13. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
MARK SHANNON WHEELER,

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Plaintiff,
v.
KIM TOBIAS THOMAS,
Defendant.

CASE NO. 2:13-cv-0112-TMH
[WO]

ORDER
This cause is before the Court on the plaintiff's Motion for Leave of Court to Appeal
order entered by Magistrate Judge (Doc. #24) filed on April 23, 2013. Specifically, plaintiff
objects to the Magistrate Judge's order of April 15, 2013 (Doc. #20) denying his motion to
amend his complaint to include perpetual contempt of court and summary judgment
provisions to protect his due process rights. After an independent review of the plaintiff's
motion, the Magistrate Judge's order, and the plaintiff's objection, the Court finds that the
Magistrate Judge’s order is neither clearly erroneous, nor contrary to law. See Fed. R. Civ.
P. 72(a). Therefore, it is hereby
ORDERED that plaintiff's objection (Doc. #24) is OVERRULED. It is further
ORDERED that this case is REFERRED back to the Magistrate Judge for appropriate action.
Done this 16th day of October, 2013.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE