Denson v. Gillispie et al

Filing 102

ORDER that 82 Magistrate Judge Ferenbach's Order is affirmed. Signed by Judge Andrew P. Gordon on 7/12/2013. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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RICHARD DENSON,
Plaintiff,

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Case No. 2:10-cv-525-APG-VCF
Order Affirming Magistrate Judge’s Order

v.
DET. JOHN LUCAS, , et al.,
Defendants.

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On February 21, 2013, Magistrate Judge Ferenbach entered his Order (Dkt. No. 82)

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addressing Plaintiff’s Motion to Request Stay/Permit Law Clerk to Appear At Deposition (Dkt.

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No. 72) and Motion for Appointment of Counsel (Dkt. No. 73). Judge Ferenbach denied those

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motions, and further ordered “that, if plaintiff believes that his criminal counsel possesses video

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surveillance, plaintiff may complete the authorization form . . . provided by defendants and return

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it and plaintiff's criminal counsel's name and contact information to defendants on or before

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March 15, 2013. If defendants are able to obtain any video surveillance of the incident,

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defendants must produce the video to plaintiff within one week from receipt of the video.” (Dkt.

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No. 82 at p. 11.)

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On March 4, 2013, Plaintiff filed an Objection to Judge Ferenbach’s Order (Dkt. No. 83),
to which Defendants filed an Opposition (Dkt. No. 85).

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Local Rule IB 3-1(a) states that a “district judge may reconsider any pretrial matter

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referred to a magistrate judge in a civil or criminal case pursuant to LR IB 1-3, where it has been

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shown that the magistrate judge’s ruling is clearly erroneous or contrary to law.” This court has

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reviewed Judge Ferenbach’s Order, the underlying motions and papers, the Plaintiff’s Objection

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and Defendants’ Opposition. Judge Ferenbach’s Order is not clearly erroneous or contrary to

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law. Accordingly,

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IT IS HEREBY ORDERED that Magistrate Judge Ferenbach’s Order (Dkt. No. 82) is
affirmed.

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DATED THIS 12th day of July, 2013.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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