UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
April 10, 2009
DONALD JAMES ANSON, PLAINTIFF,
UNITED STATES OF AMERICA, DEFENDANT.
The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court
On March 20, 2009, the plaintiff in this case, Donald James Anson, filed a motion that he characterized as an "emergency motion for a temporary injunction," see Dkt. 41, wherein he sought an order from the Court enjoining his transfer from FCI Loretto in Pennsylvania (where he is currently housed) to this District. The plaintiff is being transferred to this District for the purpose of taking his deposition in this action. On March 23, 2009, Magistrate Judge H. Kenneth Schroeder, Jr., to whom this case has been referred, issued an order denying the plaintiff's motion for an emergency injunction. Plaintiff then filed a "motion to suspend any further action," which this Court now construes as an appeal of Magistrate Judge Schroeder's March 23, 2009 order.
Pursuant to 28 U.S.C. § 636(b)(1)(A), this Court "may reconsider any pretrial matter under this [section] where it has been shown that the magistrate's order is clearly erroneous or contrary to law." The Court has reviewed plaintiff's objections and Magistrate Judge Schroeder's March 23, 2009 order and finds that it is neither clearly erroneous nor contrary to law.*fn1 Accordingly, the plaintiff's objections are denied, as is his motion for an emergency stay. Transfer of the plaintiff for the purposes of taking his deposition may occur as scheduled.