Opinion
Civil Action No. 09-cv-02207-CMA-KLM
08-01-2011
JOSE MEDINA ESCOBAR, Plaintiff, v. WARDEN S. JONES, ASSOCIATE WARDEN B. ALLEN, MAJOR C. HOLDITCH, CAPTAIN K. FOSTER, CAPTAIN J. DALTON, LIEUTENANT MARTZ, LIEUTENANT CHAVEZ, SERGEANT A. LUNA, SERGEANT P. BINDER, SERGEANT J. WEST, SERGEANT HARDRICK, SERGEANT HUDSPETH, SERGEANT KELEMAN, C/O D. GALLAGHER, C/O BRYANT, C/O A. DALTON, C/O R. MARTINEZ, C/O v. PASARO, NURSE N. WALKER, and DOCTOR WRIGHT, Defendants.
Judge Christine M. Arguello
ORDER AFFIRMING JANUARY 10, 2011 ORDER OF UNITED STATES
MAGISTRATE JUDGE
This case was referred to United States Magistrate Judge Kristen L. Mix pursuant to 28 U.S.C. § 636. On July 14, 2011, the Magistrate Judge issued a Minute Order denying Plaintiff's Motion to Compel. (Doc. # 127.) Plaintiff filed objections on July 22, 2011. (Doc. # 131.)
Because Plaintiff's motion to compel is a nondispositive pretrial motion, Plaintiff must demonstrate that the Magistrate Judge's ruling was "clearly erroneous or . . . contrary to law." Fed. R. Civ. P. 72(a). This standard "requires that the reviewing court affirm unless it 'on the entire evidence is left with the definite and firm conviction that a mistake has been committed.'" Ocelot Oil Corp. v. Sparrow Indus., 847 F.2d 1458, 1464 (10th Cir. 1988) (quoting United States v. U.S. Gypsum Co., 333 U.S. 364, 395 (1948).
Having reviewed the objections, the Court finds that the Magistrate Judge's Order was not clearly erroneous or contrary to law. Therefore, Plaintiff's objections (Doc. # 131) are OVERRULED and the Magistrate Judge's Order denying Plaintiff's Motion to Compel (Doc. # 127) is AFFIRMED.
BY THE COURT:
CHRISTINE M. ARGUELLO
United States District Judge