Tuesday, October 14, 2014

Can You Appeal Directly From a Magistrate Judge's Order or Should the District Judge Somehow Get Involved?


This would seem pretty obvious.

Ok, it is pretty obvious:
Turning first to the magistrate judge’s order refusing to join Northland pursuant to Fla. Stat. § 627.4136, we hold that we lack appellate jurisdiction, and we therefore dismiss this portion of the appeal.

“The law is settled that appellate courts are without jurisdiction to hear appeals directly from federal magistrates.”2 United States v. Renfro, 620 F.2d 497, 500 (5th Cir. 1980). An exception exists in 28 U.S.C. § 636(c), which allows a magistrate judge to issue a final appealable order with consent of all parties. McNab v. J & J Marine, Inc., 240 F.3d 1326, 1327–28 (11th Cir. 2001). Here, J.B. Hunt never appealed the magistrate judge’s order to the district court. Furthermore, we find nothing in the record to support a finding of consent, and no party asserts such consent on this appeal.
Don't you want to know what Judge D thought of the Mag's ruling before you go straight to the 11th?

3 comments:

Anonymous said...

Dumb ass.

Anonymous said...

The Florida Bar confirmed Tuesday that complaints against the attorneys who represented the Bermudez family—Ramon Rodriguez and Jose "Pepe" Herrera"—for misrepresentations to the court have moved to the grievance committee stage.
Also, Bar complaints for knowingly making misrepresentations to the court, and other ethical violations, against Miccosukee tribe's attorney Bernardo Roman III has moved the grievance committee stage, the Bar confirmed.

Singapore Criminal Defence Lawyers said...

Civil cases are commonly referred to magistrate judges in two ways. The district judge may accept, reject, or modify the report and recommendation, and may remand the case to the magistrate judge for further action.