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 The Court notes that the case caption identifies Defendant Heyns as “Dan Hines.”

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

WILLIAM SHORT,

Plaintiff,

v.

SHERIFF DAN HINES, SGT. WALKER,

LT. CARMONEY, OFFICER WICKHAM,

OFFICER BRITTIN, OFFICER WELTER,

OFFICER KELLENBERGER, RHONDA

SCHULTZ, NANCY YIRKU, JACKIE

COX, MICHAEL BURGESS,

COORDINATED CARE PLLC, and JOHN

DOE,

Defendants.

 /

Case No. 09-12323

Honorable Patrick J. Duggan

OPINION AND ORDER

 At a session of said Court, held in the U.S.

District Courthouse, Eastern District 

of Michigan, on March 3, 2011.

PRESENT: THE HONORABLE PATRICK J. DUGGAN

U.S. DISTRICT COURT JUDGE

William Short (“Plaintiff”), a state prisoner currently incarcerated at the Florence

Crane Correctional Facility, in Coldwater, Michigan, filed this pro se civil rights action

pursuant to 42 U.S.C. § 1983. On June 23, 2010, Defendants Heyns,1

 Walker, Carmoney,

Wickham, Brittin, and Kellenberger filed a motion for dismissal and summary judgment. 

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Plaintiff did not respond to this motion, but on July 15, 2010, filed his own motion for

summary judgment against five of these six Defendants. Plaintiff failed to include

Defendant Wickham in his motion. On September 13, 2010, Plaintiff sought to amend his

motion to include all named defendants in this case. The Court has referred this action to

Magistrate Judge Mona K. Majzoub for all pretrial proceedings. 

On January 18, 2011, Magistrate Judge Majzoub issued an order granting in part and

denying in part Plaintiff’s motion to amend. Magistrate Judge Majzoub noted that when

Plaintiff made his request, the time for responding to his motion for summary judgment

had long since passed, and Defendants had in fact responded to his motion on August 3,

2010. Plaintiff’s request was granted only as to Defendant Wickham, who had joined in

the response to Plaintiff’s motion for summary judgment. Magistrate Judge Majzoub

denied Plaintiff’s motion to amend as to Defendants Coordinated Care PLLC, Schultz,

Yirku, Cox, and Burgess, who had not responded.

On January 28, 2011, Plaintiff filed with this Court an “Appeal of Order Granting

Only Part of Plaintiff’s Request to Amend His Motion for Summary Judgment” pursuant

to Federal Rule of Civil Procedure 72(a). Plaintiff objects to Magistrate Judge Majzoub’s

order and seeks review of the decision.

Pursuant to 28 U.S.C. § 636(b)(1)(A) and Rule 72(a) of the Federal Rules of Civil

Procedure, a magistrate judge’s nondispositive pretrial orders shall not be reversed unless

they are “clearly erroneous or contrary to law.” A magistrate judge’s decision on a

nondispositive pretrial matter “is ‘clearly erroneous’ when although there is evidence to

support it, the reviewing court on the entire evidence is left with the definite and firm

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conviction that a mistake has been committed.” United States v. U.S. Gypsum Co., 333

U.S. 364, 395, 68 S. Ct. 525, 542 (1948). If there are two permissible views of the

evidence, a magistrate judge’s choice between them cannot be “clearly erroneous.” 

Anderson v. City of Bessemer, 470 U.S. 564, 574, 105 S. Ct. 1504, 1511 (1985).

The Court finds no clear error in Magistrate Judge Majzoub’s order. The Court is

unaware of any authority granting Plaintiff the right to amend his motion long after it was

filed. Granting Plaintiff’s request in full would have unduly delayed resolution of the

cross-motions for summary judgment in this case. The Court concludes that the partial

denial of Plaintiff’s request was appropriate.

Accordingly,

IT IS ORDERED that Plaintiff’s objection to Magistrate Judge Majzoub’s January

18, 2011 Order is rejected and the decision is AFFIRMED.

s/PATRICK J. DUGGAN

UNITED STATES DISTRICT JUDGE

Copies to:

Jason D. Kolkema, Esq.

Patrick A. Aseltyne, Esq.

Clyde M. Metzger, Esq.

Judith A. Sherman, Esq.

Saulius D. Polteraitis, Esq.

Magistrate Judge Mona K. Majzoub

William Short, #195405

Florence Crane Correctional Facility

38 Fourth Street

Coldwater, MI 49036

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