Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

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Case 2:03-cv-01350-SRB

NOT FOR PUBLICATION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Kristofer M. Seneca, Plaintiff, vs.

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No. CV03-1350-PHX-SRB ORDER

On June 7, 2005, the Magistrate Judge to whom this case is assigned for pretrial matters denied Plaintiff's Motion for Leave to File an Amended Complaint. On June 15, 2005, Plaintiff filed an objection this order of the Magistrate Judge. 28 U.S.C. §

636(b)(1)(A) provides that a Magistrate Judge's order on a pretrial matter may be reconsidered "where it has been shown that the Magistrate Judge's order is clearly erroneous or contrary to law." The objection filed by Plaintiff does not make such a showing. The Court has given clear direction concerning the matters to be tried in its ruling denying both parties summary judgment motions. Nevertheless, Plaintiff argues that he needs to amend his complaint because there are no clearly definable issues for trial. The Magistrate Judge's order is neither contrary to law nor clearly erroneous and will not be

Document 97

Filed 07/15/2005

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reconsidered. The objection is overruled and Plaintiff's alternative Motion to Reinstate Count III of the Complaint is denied. (Doc. 95-1).

DATED this 14th day of July, 2005.

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