Rieb v. Stevenson et al

Filing 137

ORDER re 133 Appeal of Magistrate Judge Decision to District Court. Response to Motion due by 10/10/2012. Signed by Honorable Richard M Gergel on 9/28/2012. (abuc)

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

CHARLESTON DIVISION

Eric Andrew Rieb, # 289509,

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Plaintiff,

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vs.

No.1: ll-cv-425-RMG

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Warden Robert M. Stevenson, III;
Lt. Edward Hambrick; Capt. Percy Jones;
Broad River Correctional Institution
Property Control,

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ORDER

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Defendants.

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Plaintiff Eric Andrew Rieb appeals the Magistrate Judge's decision, (Dkt. #131), to deny
his motions to extend the time allotted for completing discovery, to produce, and to extend his
response time. (Dkt. No. 133). The Court reviews this objection to a nondispositive, pretrial
matter under the standard set forth in Federal Rule of Civil Procedure 72(a), which requires the
Court to "modifY or set aside any part of the [Magistrate Judge's] order that is clearly erroneous
or is contrary to law." Having carefully reviewed the matter, the Court decides that the
Magistrate Judge correctly applied the law and reached a conclusion that was not clearly
erroneous. Accordingly, the Court ratifies the Magistrate Judge's order. However, because
Plaintiffs deadline to respond to Defendant's motion for summary judgment (Dkt. No. 112) was
September 13,2012, and therefore passed while this appeal was pending, it is only for this reason
that the Court amends the due date for Plaintiffs response to October 10,2012. NO FURTHER
EXTENSIONS WILL BE GRANTED.

AND IT IS SO ORDERED.

Richa

Charleston, South Carolina
September 1i, 2012