Pinkston v. Mississippi Department of Corrections et al

Filing 246

ORDER. Signed by District Judge Debra M. Brown on 5/21/20. (jla)

Case: 4:17-cv-00039-DMB-DAS Doc #: 246 Filed: 05/21/20 1 of 2 PageID #: 3125

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
CHAZ PINKSTON

PLAINTIFF

V.

NO. 4:17-CV-39-DMB-DAS

MISSISSIPPI DEPARTMENT OF
CORRECTIONS, et al.

DEFENDANTS

ORDER
On or about June 4, 2019, Chaz Pinkston filed a motion seeking contempt against the
warden of Wilkinson County Correctional Facility for failing to produce him for his May 23, 2019,
evidentiary hearing, as ordered by the Court. Doc. #221. United States Magistrate Judge David
A. Sanders denied Pinkston’s motion for contempt, concluding that Pinkston’s arguments should
be advanced through objections to the June 6, 2019, report and recommendation, which
recommends that Pinkston’s case be dismissed based on his failure to attend the evidentiary
hearing. Doc. #223.
“The prevailing view is that a magistrate lacks the power to adjudicate contempt
proceedings.” Deutsch v. Annis Enters., Inc., 882 F.3d 169, 174 n.3 (5th Cir. 2018). Instead, “a
magistrate may only certify to the district court (or deny certification thereof) facts possibly
constituting contempt.” Id. Because the magistrate judge did neither here, the disposition of
Pinkston’s motion for contempt cannot stand. Accordingly, the denial of the motion for contempt
[223] is SET ASIDE. An evidentiary hearing on the motion for contempt, Doc. #221, the report
and recommendation, Doc. #222, and the objections to the report and recommendation, Doc. #230,
will be set by separate notice.

Case: 4:17-cv-00039-DMB-DAS Doc #: 246 Filed: 05/21/20 2 of 2 PageID #: 3126

SO ORDERED, this 21st day of May, 2020.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE

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