Nelson v. Gleason et al

Filing 38

DECISION AND ORDER affirming Magistrate Judge Hugh B. Scott's Order 25 denying plaintiff's motion for reconsideration of the denial of entry of default. The case is referred back to Judge Scott for further proceedings. SO ORDERED. Signed by Hon. Richard J. Arcara on 2/7/17. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

LIONELL NELSON,
Plaintiff,
DECISION AND ORDER
14-CV-870A

v.
LARRY GLEASON, et al.,

Defendants.

The Court referred this case to Magistrate Judge Hugh B. Scott pursuant to 28
U.S.C. § 636(b)(1)(B). On November 22, 2016, Judge Scott filed an Order (Dkt. No. 25)
denying the Plaintiff’s motion for reconsideration of the Clerk of the Court’s denial of
entry of default. On December 12, 2016 the Plaintiff filed a notice (Dkt. No. 33) seeking
to appeal Judge Scott’s Order to the U.S. Court of Appeals for the Second Circuit. The
Court construed that notice as an objection to Judge Scott’s Order and entered a
briefing schedule. Defendants filed their response, and the Plaintiff replied.
The Court reviews Judge Scott’s Order for clear error.

See Allen v. Quality

Hotel, No. 06-CV-673-A, 2008 WL 141732 (W.D.N.Y. Jan. 14, 2008), adopting 2008
WL 53289, at *1 n.1 (W.D.N.Y. Jan. 3, 2008) (treating motions related to default
judgment as non-dispositive motions). Thus, the Court “may reconsider [Judge Scott’s
Order] where it has been shown that the . . . order is clearly erroneous or contrary to
law.” 28 U.S.C. §636(b)(1)(A). Upon such review, and after reviewing the submissions
from the parties, the Court affirms Judge Scott’s Order. Accordingly, the Plaintiff’s
motion for reconsideration of the denial of entry of default is denied.

The case is referred back to Judge Scott for further proceedings.
IT IS SO ORDERED.

____Richard J. Arcara____________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT COURT
Dated: February 7, 2017