Does a district court have a duty to review a report and recommendation made by a magistrate judge?
MultiRegion, United States of America
The following excerpt is from Lopo v. Fischmann, 5 F.3d 537 (9th Cir. 1993):
In its order, the district court erroneously stated that "[n]o objections to the [magistrate judge's] Report and Recommendation have been filed herein." Even where no objections are filed, the district court has a duty to conduct a de novo review of the magistrate judge's conclusions of law. Barilla v. Ervin, 886 F.2d 1514, 1518 (9th Cir.1989).
"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
When a final judgment from one district court is registered with another district court pursuant to Section 1963, is it treated like a judgment from the other district court? (MultiRegion, United States of America)
What are the duties of a federal district court in connection with a report and recommendation of a magistrate judge? (MultiRegion, United States of America)
What are the duties of a federal district court in connection with a magistrate judge's report and recommendation? (MultiRegion, United States of America)
What are the duties of a district court in connection with a Report and Recommendation of a magistrate judge? (MultiRegion, United States of America)
Can a magistrate judge's report and recommendation (recommending that the Commissioner grant judgment on the pleadings) be reviewed? (MultiRegion, United States of America)
Can a judge appeal an adverse decision from the District Court of Appeal assigned to the same district judge as he had previously ruled against the same judge? (MultiRegion, United States of America)
What is the federal district court's duty to review a report of a magistrate judge? (MultiRegion, United States of America)
What is the test for reviewing a decision by a district judge to reconsider an interlocutory order by another judge of the same court? (MultiRegion, United States of America)
Can a district judge designate a magistrate judge to hear any nondispositive pretrial matter pending before the court? (MultiRegion, United States of America)
What is the basis for a federal district court's finding that a state court transcript is sufficient basis for the district court to grant a motion requiring an evidentiary hearing? (MultiRegion, United States of America)
