ALLEN v. BEARD et al

Filing 59

ORDER DENYING 57 Appeal of Magistrate Judge Decision to District Court filed by ANTHONY C. ALLEN. Signed by Judge Arthur J. Schwab on 9-5-08. (nam)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ANTHONY C. ALLEN, Plaintiff(s), v. JEFFREY A. BEARD, et al. Defendant(s). Order of Court Denying Plaintiff's "Notice to Appeal" (Doc. No. 57) This is a pro se prisoner civil rights case. Pending before this Court is plaintiff's "Notice to Appeal" (doc. no. 57) the August 18, 2008 Order of United States Magistrate Judge Cathy Bissoon (doc. no. 53), wherein Judge Bissoon granted a defense motion to take the deposition of plaintiff. To the extent plaintiff objects to having his deposition taken by the defendants, said objection is overruled and his appeal is denied. See Cippollone v. Liggett Group, Inc., 785 F.2d 1108, 1113 (3d Cir. 1986) (Magistrate decision on a non-dispositive motion will be set aside only if the order is clearly erroneous or contrary to law). The August 18, 2008 Order of Judge Bissoon is hereby AFFIRMED (doc. no. 53). SO ORDERED this 5th day of September, 2008. s/Arthur J. Schwab Arthur J. Schwab United States District Judge cc: All counsel of record 07CV1398

Anthony C. Allen BQ-6634 SCI Fayette Box 9999

LaBelle, PA 15450 PRO SE PLAINTIFF