Maney v. Persson
ORDER: The Court AFFIRMS Magistrate Judge Jelderks's Order (# 57 )denying Petitioner's Motion (# 48 ) for Discovery. Signed on 1/23/2017 by Judge Anna J. Brown. (jtj)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PAUL JULIAN MANEY,
On November 21, 2016, Magistrate Judge John Jelderks issued
an Order (#57) denying Petitioner Paul Julian Maney's Motion
Petitioner filed Objections to the Order.
The matter is now before this Court pursuant to Federal Rule of
Civil Procedure 72(a).
In accordance with Rule 72(a), "[w]hen a pretrial matter not
dispositive of a party's claim or defense is referred to a
magistrate judge to hear and decide, the magistrate judge must
promptly conduct the required proceedings and, when appropriate,
issue a written order stating the decision."
1 - ORDER
The standard of
review for an order with objections is ''clearly erroneous'' or
"contrary to law."
See also 28 U.S.C.
636(b) (1) (A) (applying
the "clearly erroneous or contrary to law" standard of review for
If a ruling on a motion is not
determinative of "a party's claim or defense," it is not
dispositive and, therefore, is not subject to the de nova review
that is required for proposed findings and recommendations that
address dispositive motions.
See Title 28 U.S.C.
636(b) (1) (B).
This Court has carefully considered Petitioner's Objections
and concludes they do not provide a basis to modify the
Magistrate Judge's Order.
This Court also has reviewed the
pertinent portions of the record de nova and does not find any
The Court AFFIRMS Magistrate Judge Jelderks's Order (#57)
denying Petitioner's Motion (#48) for Discovery.
IT IS SO ORDERED.
day of January, 2017.
United States District Judge
2 - ORDER
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?