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John Waldron v. Donald Gaetz

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


July 10, 2012

JOHN WALDRON, PLAINTIFF,
v.
DONALD GAETZ, ET AL., 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 John Waldron's appeal of Magistrate Judge Philip M. Frazier's June 4, 2012, order (Doc. 40) granting the motion of defendants Jack Ashby and Charles Parnell for leave to amend their answer and affirmative defenses to add an affirmative defense based on Heck v. Humphrey, 512 U.S. 477 (1994) (Doc. 35). Magistrate Judge Frazier noted that he did not have enough facts at the time to determine that the defense was futile. Plaintiff John Waldron argues that amendment is futile because Heck does not apply in his case.

A district court reviewing a magistrate judge's decision on nondispositive issues should 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). The Court may also sua sponte reconsider any matter determined by a magistrate judge. L.R. 73.1(a); Schur v. L.A. Weight Loss Ctrs., Inc., 577 F.3d 752, 760 (7th Cir. 2009).

The Court has reviewed Magistrate Judge Frazier's June 4, 2012, order and finds that it is not clearly erroneous or contrary to law. The Court further sees no reason to reconsider that ruling. Waldron will suffer no prejudice from adding the Heck affirmative defense; whether such a defense has merit will be determined later in this case. Accordingly, the Court AFFIRMS that order (Doc. 40) and OVERRULES the defendant's appeal (Doc. 43). IT IS SO ORDERED.

J. Phil Gilbert

20120710

© 1992-2012 VersusLaw Inc.



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