Hill v. Gulash et al

Filing 50

MEMORANDUM AND ORDER, Construing 47 MOTION Directed to Honorable Judge Gilbert/Plaintiff Pro Se Status/Appeal on Ruling filed by Hubert D Hill as an appeal from Magistrate Judge Proud's Order (Doc. 38). The Court AFFIRMS the ruling of Magistrate Judge Proud. Signed by Judge J. Phil Gilbert on 12/23/09. (bkl)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS HUBERT D. HILL, Plaintiff, vs. JOSEPH GULASH, Captain/Superintendent of Madison County Jail, and ROBERT BLANKENSHIP, Doctor at Madison County J a i l, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

Civil Case No. 08-cv-863-JPG

MEMORANDUM AND ORDER This matter comes before the Court on Plaintiff Hubert D. Hill's Motion for Miscellaneous Relief (Doc. 47), which the Court CONSTRUES as an appeal from Magistrate Judge Proud's Order (Doc. 38) denying Hill's Motion to Catalog Material in (the) Madison County Jail Law Library (Doc. 36). The Court notes that Hill's appeal is untimely under Local Rule 73.1(a). A district court reviewing a magistrate judge's decision on non-dispositive issues should only modify or set aside that decision if it is clearly erroneous or contrary to law. See Fed. R. Civ. P. 72(a); 28 U.S.C. § 636(b)(1)(A) (2006). Accordingly, the Court will affirm Magistrate Judge Proud's decision unless his factual findings are clearly erroneous or his legal conclusions are contrary to law. Id. Being fully advised of the premises, the Court does not find that Magistrate Judge Proud's decision falls below the deference afforded him. Accordingly, the Court AFFIRMS the ruling of Magistrate Judge Proud. IT IS SO ORDERED. Dated: December 23, 2009. s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE