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John Waldron v. Donald Gaetz

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


August 27, 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 (Doc. 57) of Magistrate Judge Philip M. Frazier's July 12, 2012, order (Doc. 54) denying his complaint about alleged official misconduct by representatives of the Illinois Attorney General's Office in pleading an affirmative defense Waldron believes does not apply. The affirmative defense is, "Plaintiff's claims are barred by Heck v. Humphrey to the extent they invalidate prison discipline for which the Plaintiff lost time." Waldron claims he is serving a life sentence and does not accrue good time credit.

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 July 12, 2012, order and finds that it is not clearly erroneous or contrary to law. The Court further sees no reason to reconsider Magistrate Judge Frazier's ruling. The affirmative defense as pled demonstrates no misconduct.

Accordingly, the Court AFFIRMS the order (Doc. 54) and OVERRULES the defendant's appeal (Doc. 57).

IT IS SO ORDERED.

J. Phil Gilbert

20120827

© 1992-2012 VersusLaw Inc.



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