IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

This case is now before the court on Plaintiffs' "Affidavit to Recuse Magistrate Judge and Motion to Reconsider Magistrate's Order."

On March 30, 1999, the court referred this case to Magistrate Judge Vanzetta Penn McPherson for action or recommendation on all pretrial matters. This procedure is customary with district judges of this court in cases which are filed pro se. The Magistrate Judge to whom the case was assigned was selected through the court's random assignment process.

The referral to the magistrate Judge was made pursuant to 28 U.S.C., § 636(b)( l)(A) for action as to non-dispositive matters, and 28 U.S.C. § 636(b)(1)(B) for recommendation as to dispositive matters.

The court finds absolutely no basis for disqualification of Magistrate Judge Vanzetta Penn McPherson under 28 U.S.C. § 455, and the Motion to Recuse is DENIED.

The granting of extensions of time is a non-dispositive pretrial matter which involves the exercise of discretion. The court has carefully considered the Plaintiffs' Motion to Reconsider, in which the Plaintiffs challenge the Magistrate Judge's granting of an extension of time for the Defendants to file responsive pleadings, and finds the order not to be an abuse of discretion. The court notes that, although Defendants' counsel challenged the adequacy of service on the Defendants, she waived service and thereby submitted all Defendants to the jurisdiction of the court. The Magistrate Judge's order is not clearly erroneous or contrary to law and, therefore, pursuant to 28 U.S.C. § 636(b)(1)(A), the Motion to Reconsider is DENIED.

This case is returned to the Magistrate Judge for further action.

DONE this 21st day of May, 1999.

W. Harold Albritton

CHIEF UNITED STATES DISTRICT JUDGE

[ Home]---[Search]---[Email]---[Access Page]---[Child Support]