Corr v. Newcomer et al

Filing 18

ORDER: IT IS ORDERED that Defendants' appeal 15 is DENIED, and Magistrate Judge Hayes's August 24, 2009 order 14 is affirmed. Signed by Chief Judge Robert G James on 9/15/09. (crt,DickersonSld, D)

RECEIVED USDCI WESTERN DISTRICT OF LA. TONfl. MOORE, CL~.K UNITED STATES DISTRICT COURT DATE 7 ~ iCr
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WESTERN DISTRICT OF LOUISIANA MONROE DIVISION

CHRISTOPHER L. CARR VERSUS WARDEN NEWCOMER, ET AL.

CIVIL ACTION NO. 09-1080 JUDGE ROBERT G. JAMES MAG. JUDGE KAREN L. HAYES

ORDER Pending before the Court is an appeal [Doe. No. 15] of Magistrate Judge Hayes's order denying seven of plaintiffs pre-trial motions [Doe. No. 141. Plaintiff appeals Magistrate Judge Hayes's denial of its Motion to Proceed on One Copy [Doe. No. 3], Motion to Appoint Counsel [Doe. No. 4], Motion for Protective Order [Doe. No. 5], Motion to Certify Class [Doc. No. 6], Motion to Correct Plaintiffs Name [Doe. No. 11], Motion for Service [Doe. No. 12], and Motion for a Supplemental Pleading Ordering a Preliminary Injunction [Doe. No. 13]. These motions are non-dispositive pre-trial matters. Under 28 U.S.C.

§ 636(b)(1)(A) and

Fed. R. Civ. P. 72(a), the Court reviews a magistrate judge's rulings on a non-dispositive matter only to determine whether they are clearly erroneous or contrary to law. Having reviewed the Defendants' appeal, the Court finds that Magistrate Judge Hayes's order is neither clearly erroneous nor contrary to law. The Court notes, however, that the plaintiffs complaint remains on initial review pursuant to 28 U.S.C.

§~915, 1

1915A, and 42

USC § 1983, and that the motions will be subject to reconsideration as the case develops. IT IS ORDERED that Defendants' appeal [Doe. No. 15] is DENIED, and Magistrate Judge Hayes's August 24, 2009 order [Doe. No. 14] is affirmed.

MONROE, LOUISIANA, this

I

day of September, 2009.

ROBERT J MES UNITED STATES DISTRICT JUDGE