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, )

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

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