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Article • September 30, 2022 • from PLN October, 2022
Third Circuit Holds Consent of All Parties to Magistrate Judge Jurisdiction Required Before Judgment Against Pennsylvania Prisoners by Mark Wilson by Mark Wilson On February 10, 2022, the U.S. Court of Appeals for the Third Circuit reversed a lower court’s dismissal of two Pennsylvania prisoners’ federal civil rights claims because …
Article • March 15, 2014 • from PLN March, 2014
Second Circuit Vacates Magistrate’s Judgment Entered without Consent by On March 6, 2013, the Second Circuit Court of Appeals vacated the summary judgment dismissal of a New York prisoner’s lawsuit, finding he had not consented to having the case decided by a magistrate judge. Willie James Yeldon filed suit in …
Article • July 15, 2011
Federal Magistrate Judge May Conduct Voir Dire without Defendant’s Personal Consent, Supreme Court Holds by A federal magistrate judge may conduct voir dire in a criminal case upon consent of a defendant’s attorney. No personal consent by a defendant is necessary, the Supreme Court decided May 12, 2008. Homero Gonzalez …
Article • May 15, 2011
Judge Rejects Magistrate’s Report and Recommendation on Publications Ban by Senior U.S. District Judge Herman J. Weber has rejected a report and recommendation from a magistrate judge that recommended summary judgment for jail officials in a suit over the jail’s “no publications” policy. Ted Marcum sued the Butler County Sheriff …
Magistrate’s Recommendations Accepted in Texas Mental Health Case by On May 19, 2009, A U.S. Magistrate Judge filed his recommendations in a complaint brought by Miroslava Rodriguez-Grava (Rodriguez) and Iaias Vasquez Cisneros De Jesus (De Jesus) for their treatment while they were detained at the South Texas Detention Complex (STDC). …
Article • April 15, 2011 • from PLN April, 2011
Bexar County, Texas Fails to Properly Evaluate Mentally Ill Jail Prisoners by Matthew Clarke by Matt Clarke In 2009 the Texas legislature amended a law, codified at Article 16.22 of the Code of Criminal Procedure, with the intent to require early identification of mentally ill jail prisoners so they can …
No Appeal of Immunity Defenses if Case Under Advisement by Immunity defenses may not be reviewed by way of appeal when a district court still has the matter “under advisement” before a magistrate judge, the U.S. Court of Appeals for the Fifth Circuit decided July 23, 2008. Raul Meza sued …
Article • July 15, 2009
Supreme Court Holds Magistrate Judge May Conduct Voir Dire Without Defendant’s Personal Consent by A federal magistrate judge may conduct voir dire in a criminal case upon consent of a defendant’s attorney. No personal consent by a defendant is necessary, the Supreme Court decided May 12, 2008. Homero Gonzalez was …
Article • May 15, 2007
Magistrate Judge Can Investigate Frivolity of Complaint by The United States Court of Appeals for the Fifth Circuit held that a district court could properly refer a prisoner's pro se case to a magistrate judge to investigate whether the complaint should be dismissed as frivolous. The ultimate dismissal of the …
Article • May 15, 2007
Use of Magistrate Over Defendant's Objection Constitutional by The U.S. Supreme Court held that a criminal defendant's right to due process was not violated by a district court judge's referral of his motion to suppress to a Magistrate, as authorized by the Federal Magistrates Act, over defendant's objection. Respondent, Herman …
Article • May 15, 2007
Parties May Not Choose Specific Magistrate Judge by The Seventh Circuit Court of Appeals held that parties in a litigation cannot choose a specific magistrate judge, but may elect to have a magistrate judge preside over the case. The parties agreed to a settlement in this suit involving a wrongful …
Article • May 15, 2007
636(b)(1)(B) Authorizes Nonconsensual Referral To Magistrate by The U.S. Supreme Court held that 28 U.S.C.A. § 636(b)(1)(B) authorized nonconsensual referrals to a magistrate both in cases involving challenges to ongoing conditions of confinement and cases where a specific instance of constitutional violations by prison officials is alleged. Petitioner John McCarthy, …
Absent Conflict, Magistrate May Determine Prisoner Placement During Litigation by Absent Conflict, Magistrate May Determine Prisoner Placement During Litigation The U.S. Court of Appeals for the Seventh Circuit ruled that a federal prisoner could be held in a particular prison upon order of a U.S. magistrate. Prisoners involved in actions …
Article • May 15, 2007
Consent to Named Magistrate Does Not Apply to All Magistrates by The court of appeals for the Seventh circuit held that a party consenting to proceedings before a specific, named magistrate did not constitute consent to later proceedings before a different magistrate under 28 U.S.C. § 636(c). As a result, …
Article • May 15, 2007
Judge, not Magistrate Must Make Decision to Drug Criminal Defendant by The involuntary administration of medication to render a defendant competent for trial is not a matter that can be fully delegated to a magistrate judge; the principle of constitutional avoidance means that the Federal Magistrates Act should not be …
Sixth Circuit Reverses Summary Judgment on Prison Rape Case by The U.S. Sixth Circuit Court of Appeals reversed and remanded a district court's grant of summary judgment to Michigan prison officials in a suit brought by a prisoner claiming that officials were deliberately indifferent in allowing him to be raped …
Article • December 15, 2003
Magistrate Judge Cannot Enter Order on Post-Trial or Dispositive Motions by The Sixth Circuit Court of Appeals held that a magistrate judge does not have authority to rule upon motions seeking the award of attorney fees and costs, and a district court's failure to make a de novo review of …
Article • November 15, 2003 • from PLN November, 2003
Pro Se Tips and Tactics: Magistrate Judges in Federal Courts by John Midgley If you are representing yourself in federal court, you should become familiar with how prison cases may be handled by magistrate judges. This column looks at magistrate judge authority in federal cases, and at a recent Supreme …
Article • October 15, 2001 • from PLN October, 2001
Administrative Exhaustion Not Jurisdictional by John E Dannenberg The Eighth Circuit Court of Appeals held that under the Prison Litigation Reform Act of 1996 (PLRA), a federal court is not deprived of jurisdiction to hear a prisoner's civil rights complaint under 42 U.S.C. § 1983 if he has not first …
Tenth Circuit Holds Prison Officials Liable for Failing to Provide Religious Meals by Tenth Circuit Holds Prison Officials Liable For Failing To Provide Religious Meals The Tenth Circuit court of ap- peals has held that prison officials unconstitutionally interfered with a punitive segregation prisoner's exercise of religion when they failed …
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