WILLIAMS v. MENDEZ

No. 13-CV-680.

DANIEL WILLIAMS, Plaintiff, v. E. MENDEZ, Correctional Sergeant, EDWARD J. MEYER, Correctional Captain, D. FERRON, Correctional Guard, GARROW, Correctional Guard, BARAN, Correctional Guard WINAGLE, Registered Nurse, D. POKIGO, Correctional Guard, H. OBERTEAN, Physician Assistant, Defendants.

United States District Court, W.D. New York.

Editors Note
Applicable Law: 28 U.S.C. § 2201
Cause: 28 U.S.C. § 2201 Constitutionality of State Statute(s)
Nature of Suit: 555 Habeas Corpus (Prison Condition)
Source: PACER


Attorney(s) appearing for the Case

Daniel Williams, Plaintiff, Pro Se.

E. Mendez, Defendant, represented by Kim S. Murphy , NYS Attorney General's Office.

Edward J. Meyer, Defendant, represented by Kim S. Murphy , NYS Attorney General's Office.

D. Ferron, Defendant, represented by Kim S. Murphy , NYS Attorney General's Office.

Garrow, Defendant, represented by Kim S. Murphy , NYS Attorney General's Office.

Baran, xDefendant, represented by Kim S. Murphy , NYS Attorney General's Office.

Winagle, Defendant, represented by Kim S. Murphy , NYS Attorney General's Office.

D. Pokigo, Defendant, represented by Kim S. Murphy , NYS Attorney General's Office.

H. Obertean, Defendant, represented by Kim S. Murphy , NYS Attorney General's Office.


DECISION AND ORDER

RICHARD J. ARCARA, District Judge.

This case was referred to Magistrate Judge Leslie G. Foschio pursuant to 28 U.S.C. § 636(b)(1)(B). On April 18, 2017, Magistrate Judge Foschio filed a Decision and Order (Dkt. No. 60) granting in part and denying in part plaintiff's motion for in camera review (Dkt. No. 52) and granting Defendants' request for sealing (Dkt. No. 56). The plaintiff has appealed Judge Foschio's Decision and Order. Dkt. No. 62.

A magistrate judge's non-dispositive orders, such as those at issue here, "may [be] reconsider[ed] . . . where it has been shown that the . . . order is clearly erroneous or contrary to law." 28 U.S.C. §636(b)(1)(A). See also Sealed Plaintiff No. 1 v. Sealed Defendant No. 1, 221 F.R.D. 367, 368 (N.D.N.Y. 2004) ("Magistrate judges are given broad discretion with respect to discovery disputes which should not be overruled absent a showing of clear abuse of discretion.") Upon such review, and after reviewing the submissions from the parties, the Court affirms Judge Foschio's Order.

The case is referred back to Magistrate Judge Foschio for further proceedings.

IT IS SO ORDERED.


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