Long et al v. Long et al

Filing 13

ORDER - The the defendant's objection (filing 11 ) is overruled. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DEWAYNE KEITH LONG, JR. and
HOLLY L. LONG,
8:15-CV-243
Plaintiffs,
vs.

ORDER

DEWAYNE KEITH LONG, SR. and
DOES 1 THROUGH 100, Inclusive,
Defendants.
This matter is before the Court on the defendant's objection (filing 11)
to the Magistrate Judge's order (filing 10) denying his "motion to correct the
record" (filing 8). The defendant's motion sought to change the case caption to
eliminate the use of the suffix "Sr.", complaining that he has never referred to
himself that way. Filing 8. The Magistrate Judge denied the motion,
reasoning that the complaint sufficiently identifies the defendant and uses
"Sr." simply to clarify the identities of the parties. Filing 10.
A district court may reconsider a Magistrate Judge's ruling on
nondispositive pretrial matters only where it has been shown that the ruling
is clearly erroneous or contrary to law. See, 28 U.S.C. § 636(b)(1)(A); Ferguson
v. U.S., 484 F.3d 1068 (8th Cir. 2007). The Magistrate Judge's ruling here
was not clearly erroneous nor contrary to law. Whether the allegations made
in the plaintiffs' complaint are true, and state a claim for relief, are matters
that will be determined by the Court in due course, not on a preliminary
motion. Therefore, the defendant's objection (filing 11) is overruled.
IT IS SO ORDERED.
Dated this 5th day of October, 2015.
BY THE COURT:

John M. Gerrard
United States District Judge