Carter v. Shawnee Prison Warden Martin et al

Filing 73

MEMORANDUM AND ORDER, Denying 72 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by William Dale Carter re 69 Order on Motion for Leave to File, filed by William Dale Carter. Signed by Judge J. Phil Gilbert on 9/3/2013. (jdh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS WILLIAM DALE CARTER, Plaintiff, vs. Case No. 12-cv-205-JPG-PMF SHAWNEE PRISON WARDEN MARTIN, et al., Defendants. MEMORANDUM AND ORDER This matter comes before the Court on plaintiff William Dale Carter’s appeal (Doc. 72) of Magistrate Judge Philip M. Frazier’s order denying Carter’s motion for leave to file amended complaint (Doc. 69). A district court reviewing a magistrate judge’s decision on nondispositive issues should 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). Accordingly, the Court will affirm Magistrate Judge Frazier’s decision unless his factual findings are clearly erroneous or his legal conclusions are contrary to law. Id. After a review of the order in question, the Court does not find Magistrate Judge Frazier’s decision clearly erroneous or contrary to law. For the foregoing reasons, the Court DENIES Carter’s appeal (Doc. 72). IT IS SO ORDERED. DATED: September 3, 2013 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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