Black v. Hornbsy

Full title: HAROLD JOE BLACK v. JUDGE HORNBSY, ET AL.

Court: UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION

Date published: Jun 24, 2014

CIVIL ACTION NO. 14-0822 (W.D. La. Jun. 24, 2014)

Opinion

CIVIL ACTION NO. 14-0822

06-24-2014

HAROLD JOE BLACK v. JUDGE HORNBSY, ET AL.

TOM STAGG

JUDGE TOM STAGG

MAGISTRATE JUDGE HAYES

MEMORANDUM ORDER

Before the court is Harold Joe Black's ("Black") appeal of Magistrate Judge Karen L. Hayes's order denying Black's motion to amend his complaint. See Record Document 15. Based on the following, Magistrate Judge Hayes's order is AFFIRMED.

Any party may appeal a magistrate judge's ruling on a non-dispositive matter to a district court judge under Rule 72(a) of the Federal Rules of Civil Procedure and Local Rule 74.1. On appeal, the district judge may "set aside any portion of the order that is clearly erroneous or contrary to the law." Fed. R. Civ. Proc. 72(a).

On May 15, 2014, Magistrate Judge Hayes issued a Report and Recommendation, recommending that this court sua sponte dismiss Black's civil rights complaint as frivolous, and sanction Black by prohibiting him from filing any new action in this district without prior approval and authorization by the Chief Judge of the district. See Record Document 3. Thereafter, Black sought to amend his complaint. Magistrate Judge Hayes denied Black's motion to amend his complaint, concluding that "the proposed amendment suffers the same deficiencies that compelled the undersigned to recommend dismissal of the original complaint for failure to state a claim upon which relief can be granted." Record Document 12 at 2. This court adopted the Report and Recommendation on June 5, 2014, and the case was closed. See Record Document 13. On June 18, 2014, Black filed the instant appeal of the magistrate judge's decision to deny his motion to amend his complaint. Thereafter, Black filed another document entitled "Objection," wherein he asserted additional arguments addressing the denial of his motion to amend. See Record Document 16. The case is closed and the issue has been resolved. Furthermore, in an abundance of caution, this court has reviewed the record and finds that Magistrate Judge Hayes's denial of Black's motion to amend his complaint was not clearly erroneous or contrary to law. Accordingly, Magistrate Judge Hayes's order is AFFIRMED.

THUS DONE AND SIGNED at Shreveport, Louisiana this the 24^th day of June, 2014.

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JUDGE TOM STAGG