DURAN v. MERLINE et al
Filing
179
MEMORANDUM ORDER denying 177 Appeal Magistrate Judge Decision to District Court; denying 178 Appeal Magistrate Judge Decision to District Court. ORDERED that the Court will consider only future Rule 72.1(c) submissions from Plaintiff that CONFORM to this Order. Signed by Judge Renee Marie Bumb on 3/23/2010. (TH, )
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE _____________________________ MIGUEL DURAN,
: : : Plaintiff, : : v. : : WARDEN GARY MERLINE, et al., : : Defendants. : _____________________________ : BUMB, UNITED STATES DISTRICT JUDGE:
Civil No. 07-3589 (RMB/JS) MEMORANDUM ORDER
This matter comes before the Court upon two appeals of discovery rulings of United States Magistrate Judge Schneider, pursuant to Local Civil Rule 72.1(c), by plaintiff Miguel Duran (the "Plaintiff"). Local Civil Rule 72.1(c) provides, "Any party may appeal from a Magistrate Judge's determination of a non-dispositive matter within 10 days after the party has been served with a copy of the Magistrate Judge's order . . . ." (emphasis added). L. Civ. R. 72.1(c)
Plaintiff's appeals are dated, respectively, Although it is not clear from
March 9, 2010 and March 13, 2010.
Plaintiff's submissions which rulings he intends to appeal, Magistrate Judge Schneider has not issued any appealable orders within the applicable 10-day period to appeal. 1 Magistrate Judge
Schneider's orders of March 5, 9, 10, and 11, 2010, merely restate prior rulings in response to Plaintiff's repetitive discovery motions. Plaintiff cannot avoid Rule 72.1(c)'s ten-day
limitation merely by bringing the same discovery motion multiple times, and then filing a timely appeal of the Court's most recent order. In any event, the Court has reviewed Magistrate Judge
Schneider's underlying orders and it finds that they are not clearly erroneous or contrary to law. See Wachtel v. Guardian
Life Ins. Co., 239 F.R.D. 376, 384 (D.N.J. 2006) (citing Cipollone v. Liggett Group, Inc., 785 F.2d 1108 (3d Cir. 1986)). Plaintiff has abused the litigation process by filing numerous, repetitive, and voluminous submissions. Going forward,
this Court will accept Rule 72.1(c) submissions from Plaintiff only if they are three pages or less in length (including exhibits), and only if they identify by Docket Entry the precise order(s) of which Plaintiff seeks review. This Court will not
expend its resources parsing needlessly long and/or illegible submissions. If the Court requires further briefing on a future
motion, Plaintiff will be notified. For these reasons, IT IS on this, the 23rd day of March 2010, hereby ORDERED that Plaintiff's appeals of Magistrate Judge Schneider's discovery orders shall be DENIED; and it is further ORDERED that the Court will consider only future Rule 2
72.1(c) submissions from Plaintiff that CONFORM to this Order.
s/Renée Marie Bumb RENÉE MARIE BUMB UNITED STATES DISTRICT JUDGE
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