Chesser v. Rivas et al

Filing 163

MEMORANDUM AND ORDER, The Court AFFIRMS Magistrate Judge Fraziers order (Doc. 144) and OVERRULES Chessers objection (Doc. 154 ). Signed by Judge J. Phil Gilbert on 6/22/2015. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ZACHARY CHESSER,
Plaintiff,
v.

Case No. 13-cv-456-JPG-PMF

HENRY RIVAS, JEFFREY WALTON,
WENDY ROAL, STEVEN CARDONA, PAUL
KELLY, MILTON NEUMANN, ROBERT
ROLOFF, McCLEARY, WINN, LESLIE
SMITH, APRIL CRUITT, T. CAPALDO,
STEPHEN COLT and J. SIMMONS,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Zachary Chesser’s appeal (Doc. 154) of
Magistrate Judge Philip M. Frazier’s May 18, 2015, order (Doc. 144) denying Chesser’s motion
for an extension of the scheduling and discovery order by 180 days (Doc. 124). Chesser
requested the extension in light of his pro se prisoner status, discovery that remains to be done, and
the likely presence of additional claims and defendants he will seek to add to this case. Magistrate
Judge Frazier explained the he had already taken Chesser’s status into account when setting and
modifying the schedule in this case. Chesser objects to the order, reiterating some of the same
arguments he made in his original motion and pointing to different reasons he says now justify
extending the scheduling and discovery deadlines.
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). The Court may also sua sponte reconsider any matter
determined by a magistrate judge. L.R. 73.1(a); Schur v. L.A. Weight Loss Ctrs., Inc., 577 F.3d
752, 760 (7th Cir. 2009).

The Court has reviewed Magistrate Judge Frazier’s order and finds it is it not clearly
erroneous or contrary to law and appropriately resolves the matters raised in Chesser’s original
motion to extend the discovery deadline. Chesser has had nearly a year and a half to pursue
discovery, and it is time for this case to move beyond that stage. Accordingly, the Court
AFFIRMS Magistrate Judge Frazier’s order (Doc. 144) and OVERRULES Chesser’s objection
(Doc. 154). Chesser may present his new arguments to Magistrate Judge Frazier in a new motion
to extend the deadlines if he so wishes.
IT IS SO ORDERED.
DATED: June 22, 2015
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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