Opinion
CIVIL ACTION NO. 1:07-CV-0196-RWS.
November 2, 2007
ORDER
This case is before the Court for consideration of Plaintiff's Appeal of the Magistrate Judge's Order Denying Plaintiff's Request to Transfer [121]; Plaintiff's Appeal of this Court's Decision to this Case to the Magistrate Court for Pretrial Proceedings [122]; Plaintiff's Motion to Compel Discovery [124]; Plaintiff's Appeal of the Magistrate Court's Decision to Extend Discovery [135]; and Plaintiff's Motion for an Emergency Hearing [192].
These motions may be resolved with little discussion. Plaintiff's Appeal of the Magistrate Judge's Order Denying Plaintiff's Request to Transfer [121] is DENIED for the same reasons stated in Judge Walker's order. Plaintiff's Appeal of this Court's Decision to Refer this Case to the Magistrate Court for Pretrial Proceedings [122] is DENIED. The Magistrate Judge is authorized to handle pretrial proceedings in civil cases. 28 U.S.C. § 636(b)(1)(A); Fed.R.Civ.P. 72(a).
In Plaintiff's Motion to Compel Discovery [124], Plaintiff sought to require the Magistrate Court to begin discovery and enter a scheduling Order. And in Plaintiff's Appeal of the Magistrate Court's Decision to Extend Discovery [135], Plaintiff sought to appeal the initial scheduling Order entered in this case. Since the filing of both of these Motions, discovery has begun and the parties have agreed to a consent scheduling Order entered on September 17, 2007 [234]. Accordingly, Plaintiff's Motion to Compel Discovery [124] and Plaintiff's Appeal of the Magistrate Court's Decision to Extend Discovery [135] are DENIED as moot.
Plaintiff's Emergency Request for a Hearing [192] is DENIED, as no remaining motions are pending before this Court.