Williams v. Artus et al

Filing 66

DECISION AND ORDER: Plaintiff's appeal 62 of Magistrate Judge Leslie G. Foschio's Decision and Order 60 is denied. The case is referred back to Magistrate Judge Foschio for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 5/12/17. (LAS)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK DANIEL WILLIAMS, Plaintiff, DECISION AND ORDER 13-CV-680 v. E. MENDEZ, Correctional Sergeant, EDWARD J. MEYER, Correctional Captain, D. FERRON, Correctional Guard, GARROW, Correctional Guard, BARAN, Correctional Guard WINAGLE, Registered Nurse, D. POKIGO, Correctional Guard, H. OBERTEAN, Physician Assistant, Defendants. This case was referred to Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. § 636(b)(1)(B). On April 18, 2017, Magistrate Judge Foschio filed a Decision and Order (Dkt. No. 60) granting in part and denying in part plaintiff’s motion for in camera review (Dkt. No. 52) and granting Defendants’ request for sealing (Dkt. No. 56). The plaintiff has appealed Judge Foschio’s Decision and Order. Dkt. No. 62. A magistrate judge’s non-dispositive orders, such as those at issue here, “may [be] reconsider[ed] . . . where it has been shown that the . . . order is clearly erroneous or contrary to law.” 28 U.S.C. §636(b)(1)(A). See also Sealed Plaintiff No. 1 v. Sealed Defendant No. 1, 221 F.R.D. 367, 368 (N.D.N.Y. 2004) (“Magistrate judges are given broad discretion with respect to discovery disputes which should not be overruled absent a showing of clear abuse of discretion.”) Upon such review, and after reviewing the submissions from the parties, the Court affirms Judge Foschio’s Order. The case is referred back to Magistrate Judge Foschio for further proceedings. IT IS SO ORDERED. ____Richard J. Arcara____________ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT Dated: May 12, 2017

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