Jackson v. Stevens et al

Filing 105

ORDER denying 103 Motion for Reconsideration. Ordered by Judge Hugh Lawson on 1/27/2010. (nbp)

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF GEORGIA M AC O N DIVISION T O N Y JACKSON, P la i n t i f f , v. B R E N D A STEVENS, D e fe n d a n t. ______________________________ : : : : : : : : :

C iv il Action No. 5:07-CV-136 (HL)

ORDER T h is matter is before the Court on a Motion for Reconsideration (Doc. 103) file d by Plaintiff, Tony Jackson. Plaintiff requests that the Court reconsider an order (D o c . 99) entered on January 15, 2010 by United States Magistrate Judge Claude W . Hicks in which the Magistrate Judge denied Plaintiff's previously filed motion to p ro c e e d . In both of Plaintiff's motions, he basically states that he is ready for trial and that he should be allowed to proceed with his case, particularly in light of the M a g is tra te Judge's recent recommendation that the motion for summary judgment file d by Defendant, Brenda Stevens, be denied. T h e Court first notes that a final ruling on Defendant's motion for summary ju d g m e n t has not been made. Defendant has the opportunity to object to the re c o m m e n d a tio n , and once the objection period has passed, this Court will review th e motion, recommendation, and any objection made. Until that process is

completed, the case cannot move forward. Second, it is unnecessary for Plaintiff to file a motion to proceed with his case. The Court is aware of the cases on its c a le n d a r, and if appropriate, Plaintiff's case will be tried in a timely fashion. A c c o rd in g ly, Plaintiff's Motion for Reconsideration (Doc. 103) is denied.

SO ORDERED, this the 27 th day of January, 2010. s / Hugh Lawson HUGH LAWSON, SENIOR JUDGE m bh

2