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Hill v. Gulash

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


December 23, 2009

HUBERT D. HILL, PLAINTIFF,
v.
JOSEPH GULASH, CAPTAIN/SUPERINTENDENT OF MADISON COUNTY JAIL, AND ROBERT BLANKENSHIP, DOCTOR AT MADISON COUNTY JAIL, DEFENDANTS.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM AND ORDER

This matter comes before the Court on Plaintiff Hubert D. Hill's Motion for Miscellaneous Relief (Doc. 47), which the Court CONSTRUES as an appeal from Magistrate Judge Proud's Order (Doc. 38) denying Hill's Motion to Catalog Material in (the) Madison County Jail Law Library (Doc. 36). The Court notes that Hill's appeal is untimely under Local Rule 73.1(a).

A district court reviewing a magistrate judge's decision on non-dispositive issues should only modify or set aside that decision if it is clearly erroneous or contrary to law. See Fed. R. Civ. P. 72(a); 28 U.S.C. § 636(b)(1)(A) (2006). Accordingly, the Court will affirm Magistrate Judge Proud's decision unless his factual findings are clearly erroneous or his legal conclusions are contrary to law. Id.

Being fully advised of the premises, the Court does not find that Magistrate Judge Proud's decision falls below the deference afforded him. Accordingly, the Court AFFIRMS the ruling of Magistrate Judge Proud.

IT IS SO ORDERED.

20091223

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