Barb v. Clipper, No. 1:2011cv00563 - Document 26 (N.D. Ohio 2011)
Court Description: Memorandum Opinion and Order that Barb's objection is OVERRULED re 25 Objection filed by Danny Barb, and the Magistrate Judge's contested rulings are ADOPTED 24 Objection filed by Danny Barb. Judge Dan Aaron Polster on 10/5/2011. (E,P) Modified text on 10/5/2011 (E,P).
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Barb v. Clipper Doc. 26 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION DANNY BARB, Petitioner, vs. KIMBERLY CLIPPER, Respondent. ) ) ) ) ) ) ) ) ) Case No. 1:11 CV 563 Judge Dan Aaron Polster MEMORANDUM OF OPINION AND ORDER Before the Court in this matter is a document entitled “Appeal and Objection to Magistrate Order.” (Doc #: 25.) Therein, habeas petitioner Danny Barb objects to Magistrate Judge McHargh’s rulings denying Barb’s various motions to expand the record (Doc ##: 6, 8, 22), Barb’s motion for an evidentiary hearing (Doc #: 10), and motion for discovery (Doc #: 7). (Doc #: 24.) Barb does not object to the Magistrate Judge’s ruling denying his motion to appoint counsel. Petitioner’s underlying motions involve non-dispositive matters. As such, Fed. R. Civ. P. 72(a) applies. Under Rule 72(a), “the district judge in the case must consider timely objections and modify or set aside any part of the order that is clearly erroneous or is contrary to law.” The Court has reviewed the underlying motions, the Magistrate Judge’s rulings, Barb’s timely objection and the record and finds that Barb has failed to show that any part of the Magistrate Judge’s rulings are clearly erroneous or contrary to law. Dockets.Justia.com Accordingly, Barb’s objection (Doc #: 25) is OVERRULED, and the Magistrate Judge’s contested rulings (Doc #: 24) are ADOPTED. IT IS SO ORDERED. /s/ Dan A. Polster October 5, 2011 Dan Aaron Polster United States District Judge -2-
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