Opinion
Civil Action No. 05-cv-02113-OES.
November 16, 2005
ORDER OVERRULING OBJECTION
On November 2, 2005, Plaintiff Karl Alan House of Schoenwalder submitted pro se and the Court received a document titled "Order to Strike for lmpertinance Memorandum Notations." Mr. Schoenwalder objects to Magistrate Judge O. Edward Schlatter's October 24, 2005, order directing Mr. Schoenwalder to cure certain designated deficiencies in the action if he wishes to pursue his claims. The Court will construe the document liberally as an objection filed pursuant to 28 U.S.C. § 636 (b)(1)(A) (Supp. 2005). 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. After reviewing the entire file, the Court concludes that Magistrate Judge Schlatter's October 24, 2005, order directing Mr. Schoenwalder to cure certain designated deficiencies is not clearly erroneous or contrary to law. Accordingly, it is
ORDERED that document titled "Order to Strike for lmpertinance Memorandum Notations" that Applicant submitted pro se and the Court received on November 2, 2005, and which the Court has construed liberally as an objection filed pursuant to 28 U.S.C. § 636(b)(1)(A), is overruled. It is
FURTHER ORDERED that Applicant has thirty (30) days from the date of this order to cure the designated deficiencies as directed in the October 24, 2005, order if he wishes to pursue his claims in this action. It is
FURTHER ORDERED that the clerk of the Court file the document titled "Order to Strike for Impertinance Memorandum Notations," and which the Court has construed liberally as an objection filed pursuant to 28 U.S.C. § 636(b)(1)(A), as of November 2, 2005.