Can a magistrate judge's report and recommendation (recommending that the Commissioner grant judgment on the pleadings) be reviewed?
MultiRegion, United States of America
The following excerpt is from Travers v. Comm'r of Soc. Sec., 12-827 (2nd Cir. 2013):
As an initial matter, we lack jurisdiction to review the magistrate judge's November 2011 report and recommendation (recommending that the district court grant the Commissioner judgment on the pleadings) because the district court has yet to pass on that report and recommendation and enter a final order. LoSacco v. City of Middletown, 71 F.3d 88, 91-92 (2d Cir. 1995).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a district court have a duty to review a report and recommendation made by a magistrate judge? (MultiRegion, United States of America)
Does Montague have an evidentiary hearing in his objection to the magistrate judge's report and recommendation to plead guilty? (MultiRegion, United States of America)
Does consent to a magistrate judge entitle the parties to a particular magistrate judge? (MultiRegion, United States of America)
If a motion for judgment on the pleadings is granted, should leave to amend be granted? (MultiRegion, United States of America)
What is the effect of a magistrate judge's well-reasoned report and recommendation to deny benefits? (MultiRegion, United States of America)
Is a federal judge required to grant a state judgment the same effect as a federal judgment? (MultiRegion, United States of America)
If a party timely objects to any portion of a magistrate judge's report and recommendation, does the court have to make a de novo determination of that portion? (MultiRegion, United States of America)
Does a notice of appeal stating that plaintiffs have appealed from a report and recommendation of a magistrate judge that an injunction be issued? (MultiRegion, United States of America)
How do we review a grant of judgment on the pleadings? (MultiRegion, United States of America)
How have the courts reviewed the findings and recommendations of a magistrate judge? (MultiRegion, United States of America)
