Opinion

BROWN v. WEXFORD HEALTH SOURCES, INC.

Court
District Court, W.D. Pennsylvania
Filed
Jun 2, 2021
Cited by
0 cases
Authority
More cited than 29.3%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ALTON D. BROWN, )

)

Plaintiff, )

)

vs. ) Civil No. 16-cv-1680

)

WEXFORD HEALTH SOURCES, ef al., )

)

Defendants. )

ORDER

Before the Court is Alton D. Brown’s “Appeal of the U.S. Magistrate’s 5/12/2021 Order

and All Related Orders.” ECF No. 310. Mr. Brown requests review of various aspects of the

Magistrate Judge’s management of discovery as well as the manner Defendants communicate

with, and provide documents to, Mr. Brown. The Court has reviewed the Magistrate Judge’s

Orders referred to by Mr. Brown. All of the Orders are non-dispositive.! The Orders concern

routine discovery issues and routine case management of the case that is committed to the

discretion of the Magistrate Judge. The Court finds that the Magistrate Judge’s Orders are not

clearly erroneous, contrary to law, or an abuse of discretion. Accordingly, Mr. Brown’s Appeal

is denied.

IT IS SO ORDERED this 2nd day of June 2021.

Deprtp.

Marilyn J. Hora

United States District Court Judge

' The Federal Magistrates Act, 28 U.S.C. §§ 631-639, provides two separate standards for judicial review of a

magistrate judge’s decision: (1) “de novo,” for magistrate resolution of dispositive matters, 28 U.S.C. §

636(b)(1)(B)-(C), accord Fed. R. Civ. P. 72(b) (referring to “a pretrial matter dispositive of a claim or defense”), and

(ii) “clearly erroneous or contrary to law,” for magistrate resolution of nondispositive matters, 28 U.S.C. §

636(b)(1)(A), accord Fed. R. Civ. P. 72(a) (referring to “a pretrial matter not dispositive of a party’s claim or

defense”). Nondispositive orders will not be disturbed unless such is found to be clearly erroneous or contrary to

law. A finding is clearly erroneous “when 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.” Anderson v. City of

Bessemer, 470 U.S. 564, 573 (1985) (citing United States v. United States Gypsum Co., 333 U.S. 364 (1948)).

“Where a magistrate sudge is authorized to exercise his or her discretion, the decision will be reversed only for an

abuse of that discretion.” Cooper Hosp./Univ. Med. Ctr. v. Sullivan, 183 F.R.D. 119, 127 (D.N.J. 1998).

cc: Alton D. Brown, pro se

DL-4686

SCI Fayette

48 Overlook Drive

LaBelle, PA 15450-1050

(via U.S. First Class Mail)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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