Mitchell et al v. New York State Department of Correctional Services et al
DECISION and ORDER re 138 Order on Motion to Compel, Order on Motion for Miscellaneous Relief, 140 MOTION Injunctive Relief filed by Dontie S. Mitchell. Accordingly, Plaintiffs Objections [#140] are denied, and the Decision and Order [#138] is affirmed and adopted in all respects. Signed by Hon. Charles J. Siragusa on 10/19/12. (KAP)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
DONTIE S. MITCHELL,
No. 06-CV-6278 CJS
-vsDECISION AND ORDER
NEW YORK STATE DEPARTMENT OF
CORRECTIONAL SERVICES, et al.,
Now before the Court are Plaintiff’s Objections (Docket No. [#140]) to a Decision
and Order [#138] of the Honorable Marian W. Payson, United States Magistrate Judge.
Plaintiff’s objections are denied.
The background facts of this action are detailed in prior rulings of this Court, and
need not be repeated here. A motion for summary judgment is currently pending before
the Court. At the same time, Plaintiff has filed motions to compel Discovery (Docket Nos.
[#109] & [#124]). On September 5, 2012, Magistrate Judge Payson issued a Decision
and Order [#138] denying the motions to compel without prejudice to renew them once
the undersigned rules on the summary judgment motion. On September 13, 2012, the
Court received Plaintiff’s Objections [#140] to that Decision and Order. Plaintiff maintains
that his motions to compel should be granted, since they were filed prior to the summary
judgment motion, and since he needs discovery to identify potential new parties and
claims. Plaintiff also states that he needs discovery “to adequately respond to the
Defendants’ motions,” although, to the extent that he is referring to the summary judgment
motion, the time for responding to that motion has already passed, and he does not make
the showing required by FRCP 56(d) (formerly FRCP 56(f)) in any event.
Pursuant to Rule 72(a) of the Federal Rules of Civil Procedure and Title 28 U.S.C.
§ 636(b)(1)(A), this Court may review non-dispositive matters previously decided by a
magistrate judge and set them aside if they are clearly erroneous or contrary to law. FED.
R. CIV. P. 72(a); 28 U.S.C. § 636(b)(1)(A) (2002). A finding is clearly erroneous if,
“although there is evidence to support it, the reviewing court on the entire evidence is left
with the definite and firm conviction that a mistake has been committed.” United States v.
U.S. Gypsum Co., 333 U.S. 364, 395 (1948).
Plaintiff’s objections are to non-dispositive discovery-related rulings, and he has not
met the difficult burden of showing that Magistrate Judge Payson’s rulings were clearly
erroneous or contrary to law.
Accordingly, Plaintiff’s Objections [#140] are denied, and the Decision and Order
[#138] is affirmed and adopted in all respects.
Dated: Rochester, New York
October 19 , 2012
/s/ Charles J. Siragusa
CHARLES J. SIRAGUSA
United States District Judge
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