The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ALTON D. BROWN, )
Plaintiff,
vs. ) Civil No. 16-cv-1081
TOM WOLF, et. Al. ,
Defendants.
ORDER ON APPEAL (ECE No. 734)
Before the Court is Alton D. Brown’s “Appeal to the U.S. District Judge From the
Magistrate’s Order Issued on August 6. 2025.” ECF No. 734. At an August 6, 2025 status
conference, Magistrate Judge Lanzillo ordered Mr. Brown to file his Brief in Opposition and
Responsive Concise Statements of Fact to the remaining three Defendants’ pending Motions for
Summary Judgment no later than September 8, 2025. ECF No. 733. The Magistrate Judge
indicated that no further extensions of time would be granted. Jd. Mr. Brown argues that the
Magistrate Judge’s Order failed to take into consideration Mr. Brown’s illnesses, as well his
rights under various statutes. Mr. Brown also alleges that the Magistrate Judge rulings reflect a
bias and prejudice against Mr. Brown.
The Magistrate Judge’s briefing Order is non-dispositive. The Federal Magistrates Act
provides that a “clearly erroneous or contrary to law” standard applies to a magistrate judge’s
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). “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).
Here, two of the Motions for Summary Judgment were filed over one year ago, on
August 12, 2025. ECF Nos. 696 and 697. The third Motion was filed eleven months ago, on
September 11, 2024. ECF No. 707. The Magistrate Judge granted Mr. Brown’s motions for
extensions of time to respond to the Motions for Summary Judgment to January 10, 2025. No
Responses were filed as, due to the bankruptcy of Defendant Wellpath, the case was
administratively stayed, up and until, July 10, 2025. There is no indication on the record as to
why Mr. Brown was unable to prepare his Responses by the due date of January 10, 2025, or
during the time when the case was administratively stayed. Nonetheless, at the August 6, 2025
status conference, the Magistrate Judge set the new deadline of September 8, 2025, which is
nearly a year past the dates the Motions were initially filed. This Court will not overrule a
briefing order where there is no evidence that the Magistrate Judge has committed error or
abused his discretion. The Court finds that Magistrate Judge Lanzillo’s briefing order,
announced at the August 6, 2025 status conference, ECF No. 733, is not an abuse of discretion
and is not clearly erroneous. Accordingly, the following Order is entered.
AND NOW, this 20th day of August 2025, it is hereby ORDERED that Alton D.
Brown’s “Appeal to the U.S. District Judge From the Magistrate’s Order Issued on August 6.
2025,” ECF No. 734, is DENIED.
s/Marilyn J. Horan
Marilyn J. Horan
United States District Judge
Alton D. Brown, pro se
DL-4686
SCI Fayette
48 Overlook Drive
LaBelle, PA 15450-1050