Opinion
3:14-cv-01689-ST
07-27-2015
ORDER
BROWN, Judge.
On June 25, 2015, Magistrate Judge Janice M. Stewart issued an Opinion and Order (#59) granting Defendant's Motion (#47) to Transfer Venue. On July 9, 2015, Plaintiff filed Objections (#61) to Magistrate Judge's Order. The matter is now before this Court pursuant to Federal Rule of Civil Procedure 72(a).
In accordance with Rule 72(a), "[w]hen a pretrial matter not dispositive of a party's claim or defense is referred to a magistrate judge to hear and decide, the magistrate judge must promptly conduct the required proceedings and, when appropriate, issue a written order stating the decision," The standard of review for an order with objections is "clearly erroneous" or "contrary to law." See also 28 U.S.C. § 636(b)(1)(A)(applying the "clearly erroneous or contrary to law" standard of review for nondispositive motions). If a ruling on a motion is not determinative of "a party's claim or defense," it is not dispositive and, therefore, is not subject to the de novo review that is required for proposed findings and recommendations that address dispositive motions. See 28 U.S.C. § 636(b)(1)(B).
This Court has carefully considered the Objections of Plaintiff and concludes they do not provide a basis to modify the Magistrate Judge's Order. This Court also has reviewed the pertinent portions of the record de novo and does not find any error.
CONCLUSION
The Court AFFIRMS Magistrate Judge Stewart's Opinion and Order (#59) granting Defendant's Motion (#47) to Transfer Venue.
IT IS SO ORDERED.
DATED this 27th day of July, 2015.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge