Zaring v. Wiley

Filing 35

ORDER denying 22 Mr. Zaring's Motion to Clarify, by Judge Philip A. Brimmer on 9/27/10.(ebs, )

Zaring v. Wiley

Doc. 35

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 09-cv-00689-PAB JEFFREY MARK ZARING, Applicant, v. R. WILEY, Warden, Federal Prison Camp Florence, Respondent.

ORDER

This matter is before the Court on applicant Mr. Zaring's motion to clarify [Docket No. 22]. In his motion, Mr. Zaring argues that this Court, by entering an Order of Reference to United States Magistrate Judge [Docket No. 12], authorized discovery and the holding of an evidentiary hearing. Contrary to Mr. Zaring's interpretation, the Order of Reference does no such thing. Rather, it authorizes the magistrate judge to "[h]ear and determine pretrial matters, including discovery and other non-dispositive motions." Docket No. 12 at 1 (emphasis added). Further, it empowers the magistrate judge to hold evidentiary hearings, id. at 1, but does not order that any such hearings must be held. In short, the Order of Reference granted no affirmative relief to Mr. Zaring. Therefore, it is ORDERED that Mr. Zaring's motion to clarify [Docket No. 22] is denied.

Dockets.Justia.com

DATED September 27, 2010. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge

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