Opinion
Civil Action No. 09-cv-01724-BNB.
August 7, 2009
ORDER
Mr. David Duran, a state prisoner, filed a pro se pleading on August 3, 2009, that appears to be an Objection filed pursuant to 28 U.S.C. § 636. Mr. Duran objects to Magistrate Judge Boyd N. Boland handling of "dispositive matters in this civil action." For the reasons stated below, the Objection will be overruled.
Pursuant to 28 U.S.C. § 636(b)(1)(A) a judge may reconsider any pretrial matter designated to a magistrate judge to hear and determine where it has been shown that the magistrate judge's order is clearly erroneous or contrary to law. With respect to Mr. Duran's claim that the instant action is improperly before Magistrate Judge Boland, pursuant to D.C.COLO.LCivR 72.2 and to Fed.R.Civ.P. 73, because Mr. Duran must give consent for a magistrate judge to preside over the matters in the instant action, and he has not given such consent, the claim is without merit. Under D.C.COLO.LCivR 72.1, this Court has designated to a magistrate judge the authority to "make determinations and enter appropriate orders pursuant to 28 U.S.C. § 1915 with respect to any suit, action, or proceedings in which a request is made to proceed in forma pauperis." Therefore, Magistrate Judge Boland has proper authority to preside over the initial review of this Application, and Mr. Duran's § 636 Objection is without merit. Accordingly, it is
ORDERED that Plaintiff's 28 U.S.C. § 636 Objection (Doc. # 5), filed on August 3, 2009, is overruled.