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Jones v. Ohio State University

March 5, 2007

TODD A. JONES, PLAINTIFF,
v.
OHIO STATE UNIVERSITY, ET AL., DEFENDANTS.



The opinion of the court was delivered by: James L Graham United States District Judge

Magistrate Judge King

OPINION AND ORDER

This matter is before the Court on plaintiff's motion to strike the affidavit of Todd Hunter. Doc. No. 83. In that motion, plaintiff also requests that this Court grant his previously filed motion for sanctions, Doc. No. 58. The Magistrate Judge, however, has already denied plaintiff's motion for sanctions and has already denied plaintiff's request to strike Mr. Hunter's affidavit, which was contained in plaintiff's motion for sanctions. See Doc. No. 79. Thus, this Court will construe plaintiff's motion as one for reconsideration.

"The district court can reconsider a magistrate judge's non-dispositive order 'where it has been shown that the magistrate judge's order is clearly erroneous or contrary to law.'" Vogel v. U.S. Office Prod. Co., 258 F.3d 509, 515 (6th Cir. 2001) (quoting 28 U.S.C. § 636(b)(1)(A)). Plaintiff has failed to even argue that Magistrate Judge King's Opinion and Order are clearly erroneous or contrary to law, and this Court finds that her Opinion and Order is indeed correct. Accordingly, Magistrate Judge King's February 23, 2007, Opinion and Order, Doc. No. 79, is hereby ADOPTED and AFFIRMED. Plaintiff's motion for sanctions, Doc. No. 58, is

DENIED.

It is so ORDERED.

20070305

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