Opinion

BROWN v. WEXFORD HEALTH SOURCES, INC.

Court
District Court, W.D. Pennsylvania
Filed
Nov 16, 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, et al., )

)

Defendants. )

ORDER

Before the Court is Alton D. Brown’s “Appeal to the U.S. District Judge from the

Magistrate’s Order dated September 30, 2021.” ECF No. 354. The Magistrate Judge’s

September 30, 2021 Order denied Mr. Brown’s Emergency Motion for Summary Judgment in

which he requested that Judgment be entered in his favor that he is entitled to medical treatment

for his Hepatitis-C. The Emergency Motion was denied as not proper at this time, with the

Magistrate Judge explaining that a scheduling order for the filing of motions for summary

judgment will be issued when all matters relating to discovery have been resolved.

Mr. Brown argues that he is permitted to file for summary judgment at this time pursuant

to Rule 56(b), which states as follows:

(b) Time to File a Motion. Unless a different time is set by local rule or the court

orders otherwise, a party may file a motion for summary judgment at any time

until 30 days after the close of all discovery.

Fed. R. Civ. Proc. 56(b). However, the Magistrate Judge has “ordered otherwise” by stating that

a scheduling order setting deadlines for summary judgment motions will be issued after

discovery closes.

In his Emergency Motion, Mr. Brown takes issue with the medical treatment he is, and is

not, receiving, which is one of the central questions in dispute in the lawsuit. Mr. Brown

attached medical exam reports to his Emergency Motion, but such evidence does not show “that

there is no genuine dispute as to any material fact” regarding the medical treatment provided to

Mr. Brown. Fed. R. Civ. Proc. 56(a). Defendants claim that they are providing Mr. Brown with

appropriate medical treatment. The Magistrate Judge appropriately intends that such contested

issues, if they are to be decided on summary judgment, be decided only after the close of

discovery, when all parties will have the benefit of a full record.

The Magistrate Judge’s Order is non-dispositive,' and concerns 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 Order is not clearly erroneous, contrary to law, or an

abuse of discretion. Accordingly, Mr. Brown’s Appeal is denied.

IT IS SO ORDERED this 16th day of November 2021.

retry. y Mra

Marilyn J. Hora

United States District Court Judge

cc: Alton D. Brown, pro se

DL-4686

SCI Fayette

48 Overlook Drive

LaBelle, PA 15450-1050

(via U.S. First Class Mail)

' 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 judge 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).

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.