Westley v. Mann et al

Filing 114

ORDER denying 109 Motion to Disqualify Magistrate Judge (Written Opinion). Signed by Judge Joan N. Ericksen on 9/5/12. (CBC) CC: Mitchell P. Korus on 9/6/2012 (MMP).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
John D. Westley,
Plaintiff,
v.

Civil No. 11-3704 (JNE/JSM)
ORDER

James Robert Mann et al.,
Defendants.
John D. Westley commenced this action in late December 2011. In January and February
2012, the Court referred several motions to the Honorable Janie S. Mayeron, United States
Magistrate Judge. On August 15, 2012, the magistrate judge issued a Report and
Recommendation. The deadline to object was August 29, 2012. See D. Minn. LR 72.2(b). That
day, Westley moved to disqualify the magistrate judge and for an extension of time to file
objections to the Report and Recommendation. The Court denies Westley’s motion. See
Fletcher v. Conoco Pipe Line Co., 323 F.3d 661, 664-66 (8th Cir. 2003); Rabushka ex rel.
United States v. Crane Co., 122 F.3d 559, 566 (8th Cir. 1997). The Court construes Westley’s
motion as objections to the Report and Recommendation. Responses to Westley’s objections are
due on September 12, 2012. See D. Minn. LR 72.2(b).
Based on the files, records, and proceedings herein, and for the reasons stated above, IT
IS ORDERED THAT:
1.

Westley’s motion to disqualify the magistrate judge and for an extension
of time to file objections [Docket No. 109] is DENIED.

Dated: September 5, 2012
s/Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge