BRACEY v. RENDELL et al

Filing 100

MEMORANDUM ORDER. Plaintiff's Objections (Doc. 99 ) are OVERRULED, and the Memorandum Order of Judge Kelly dated September 11, 2013 (Doc. 96 ) is AFFIRMED. Signed by Judge Cathy Bissoon on 9/24/2013. (kas)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

COREY BRACEY,
Plaintiff,
v.

SECRETARY JEFFREY BEARD, et al.,
Defendants.

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Civil Action No. 11-217 E
Judge Cathy Bissoon1
Magistrate Judge Maureen P. Kelly

MEMORANDUM ORDER
For the reasons that follow, Judge Kelly’s September 11, 2013 Memorandum Order will
be affirmed.
Plaintiff Corey Bracey, an inmate at the State Correctional Institution at Graterford,
brings this civil rights action against numerous officials of the Pennsylvania Department of
Corrections (among others), claiming that his rights under the Eighth and Fourteenth
Amendments were violated when he was illegally housed in the Special Management Unit at SCI
Fayette and then, on the basis of that improper designation, improperly placed on the Restricted
Release List at SCI Fayette and other state correctional facilities. The matter was referred to
U.S. Magistrate Judge Maureen P. Kelly for pretrial proceedings in accordance with the
Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Rules 72.C and 72.D of the Local Rules
for Magistrates.

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The Honorable Sean J. McLaughlin was the original presiding U.S. District Judge in this matter. Following Judge
McLaughlin’s departure from the bench, the case was reassigned to U.S. District Judge Terrence F. McVerry and
subsequently transferred to the undersigned on August 29, 2013.

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On August 29, 2013, Plaintiff filed a motion for the Magistrate Judge’s recusal (Doc. 92).
Judge Kelly denied this motion by Memorandum Order entered on September 11, 2013 (Doc.
96). This appeal (Doc. No. 99) followed.
District courts may reconsider and set aside a magistrate judge’s ruling on a nondispositive pre-trial issue only if it is “clearly erroneous or contrary to law.” 28 U.S.C.
§636(b)(1)(A); LCvR 72(C)(2). See also Fed. R. Civ. P. 72(a). A magistrate judge’s refusal to
recuse from a case constitutes a non-dispositive ruling subject to this deferential standard. See
Reid v. Moore, No. C–3:05–cv–326, 2009 WL 3857429 at *1-2 (S.D. Ohio Nov. 16, 2009)
Having carefully reviewed the Magistrate Judge’s September 11, 2013 decision and
Plaintiff’s objections thereto, the Court concludes that Judge Kelly’s Memorandum Order was
neither clearly erroneous nor contrary to law. Accordingly, Plaintiff’s Objections (Doc. 99) are
OVERRULED, and the Memorandum Order of Judge Kelly dated September 11, 2013 (Doc.
96) is AFFIRMED.
IT IS SO ORDERED.

September 24, 2013

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via ECF email notification):
All Counsel of Record

cc (via First-Class U.S. Mail):
Corey Bracey
GS4754
SCI Graterford
PO Box 244
Graterford, PA 19426-0244
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