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Tyrone Barnes v. Yolette Ross et al

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


February 14, 2011

TYRONE BARNES, PLAINTIFF,
v.
YOLETTE ROSS ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Chesler, U.S.D.J.

OPINION & ORDER

CHESLER, U.S.D.J.

This matter comes before the Court on Plaintiff's appeal of a non-dispositive Letter Opinion & Order issued on November 30, 2010 by United States Magistrate Judge Michael A. Shipp, addressing a number of Plaintiff's motions regarding discovery, the imposition of sanctions, the supplementing of pleadings, and an application for a preliminary injunction. For the reasons stated below, the Magistrate Judge's Order will be affirmed.

A Magistrate Judge's disposition of a non-dispositive motion is subject to review under a clearly erroneous or contrary to law standard. 28 U.S.C. § 636(b)(1)(A); L. CIV. R. 72.1(c)(1)(A). Accordingly, Magistrate Judge Shipp's ruling on this non-dispositive motion is reversible only if it is "clearly erroneous or contrary to law." Id.

Plaintiff appeals on these grounds: 1) Magistrate Judge Shipp erred in denying Plaintiff's motion for preservation of videotape evidence for lack of relevance; 2) Magistrate Judge Shipp erred in denying Plaintiff's motion to conduct an evidentiary hearing with Paul O'Connell; and 3) Magistrate Judge Shipp erred in denying Plaintiff's motions to compel discovery, add supplemental pleadings, for a preliminary injunction, and to amend his Complaint.

This Court has carefully reviewed Magistrate Judge Shipp's Letter Opinion & Order of November 30, 2010. Not only is the Order not contrary to law or clearly erroneous, it accurately and correctly decides all issues presented.

In sum, Plaintiff has failed to show that Magistrate Judge Shipp erred in any of his decisions in the Letter Opinion & Order of November 30, 2010. This Court is satisfied that Magistrate Judge Shipp's Opinion & Order is neither clearly erroneous nor contrary to law. The Letter Opinion & Order of November 30, 2010 will be affirmed and adopted as the Order of this Court.

For these reasons, IT IS on this 14th day of February, 2011, ORDERED that Plaintiff's appeal [Docket Entry No. 49] of Magistrate Judge Shipp's Letter Opinion & Order of November 30, 2010 is DENIED; and it is further

ORDERED that Magistrate Judge Shipp's Letter Opinion & Order of November 30, 2010 is hereby AFFIRMED.

Stanley R. Chesler, U.S.D.J.

20110214

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