Ofeldt v. State of Nevada ex rel. Nevada Department of Corrections et al

Filing 80

ORDER. IT IS ORDERED that P's 56 motion is DENIED. FURTH ORD that P's 77 motion to request ruling is DENIED as moot. Signed by Judge Edward C. Reed, Jr on 5/16/2012. (Copies have been distributed pursuant to the NEF - PM)

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1 2 3 4 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 5 6 7 JAMES D. OFELDT, ) ) ) ) ) ) ) ) ) ) ) 8 Plaintiff, 9 vs. 10 STATE OF NEVADA, et al., 11 Defendants. 12 3:10-cv-00534-ECR-VPC Order 13 14 On December 22, 2011, Plaintiff filed a “Request for Review by 15 District Court Judge, Pursuant to Rule 72(a) Fed. R. Civ. P. and 28 16 U.S.C. §636(b)(1)” (#56). In that Motion (#56), Plaintiff requests 17 that we review the Magistrate Judge’s ruling on his motion to compel 18 (#44) and reconsider that ruling. The Magistrate Judge held a 19 hearing on December 9, 2011, and granted in part and denied in part 20 (#54) Plaintiff’s motion to compel (#44). The Magistrate Judge 21 ruled that several answers to interrogatories stand, and that 22 certain Defendants must supplement their answers. 23 Plaintiff has shown no basis on which to overrule the 24 Magistrate Judge’s rulings on non-dispositive discovery matters. 25 Without a showing that the Magistrate Judge’s rulings were clearly 26 erroneous or contrary to the law, or that there is new evidence, we 27 decline to overturn those rulings. 28 1 IT IS, THEREFORE, HERBY ORDERED that Plaintiff’s Motion (#56) 2 is DENIED. 3 IT IS FURTHER ORDERED that Plaintiff’s Motion to Request a 4 Ruling (#77) is DENIED as moot. 5 6 7 DATED: May 16, 2012. 8 ____________________________ UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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