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  1. #1

    Default Can Magistrate Judge Decide Grant or Dismiss a Motion

    My question involves court procedures for the state of: Federal

    A Magistrate Judge was assigned for all pretrial maters. After cancel all the scheduled hearings and only "considered" the motions two parties filed, He entered a memo and recommendation which stated:

    1. The court recommends that Plaintiff's motion for relief from judgment be denied
    2. Plaintiff's motion to compel and sanctions defendant is denied
    3. The court recommends that Defendants' motion to dismiss Plaintiff's amended complaint be granted (he granted plaintiff amend his motion to amend the complaint 45 days ago)
    4. All other relief not specifically granted in this order is denied.
    5. The court further recommends that any remaining dispositive motions be denied.

    In this situation, does Magistrate judge can make above statements, such as represent court by using "court recommend" instead of using "I recommend"? Denied all the Plaintiff's motion for relief and grant defendant's motion for dismiss plaintiff's amended claims which he granted 45 days ago?

    Based on 28 U.S. Code  636 (b) 1 A:

    "a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action."

    a magistrate judge can not make those statements and judgment orders listed above, correct?

  2. #2
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    Default Re: Can Magistrate Judge Decide Grant or Dismiss a Motion

    Quote Quoting worldfg
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    a magistrate judge can not make those statements and judgment orders listed above, correct?
    1 - I don't know how you arrived at that conclusion based on the code you cited.

    2 - Obviously the magistrate judge can make those statements because he did make them.

  3. #3

    Default Re: Can Magistrate Judge Decide Grant or Dismiss a Motion

    I read those items after except "except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action."

    It is true that he made those statements. However, it is out of his allowable "power" to make those statements/order. He cannot represent the "court" in those decision. He did so because someone forged the document, because his three orders have the exactly same signatures. His case manager confirmed that he did sign those "orders", not stamped or electronic signatures used. I would think that it was defendant who wrote that memo and someone forged judge's signature,,,

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    Default Re: Can Magistrate Judge Decide Grant or Dismiss a Motion

    Quote Quoting worldfg
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    a magistrate judge can not make those statements and judgment orders listed above, correct?
    The magistrate judge certainly may make those statements in a recommendation to the district court judge regarding a motion to dismiss for failure to state a claim. The magistrate judge's recommendation then goes to the district court judge assigned the case, and the district court judge may adopt in full, adopt in part, or reject the magistrate judge's recommendation. In short, the district judge still decides the matter. The use of the phrase "the court" rather than "I" doesn't affect the substance of the recommendation in the least. That's simply a matter of style preference. Understand that magistrate judges will often write their recommendations largely in the form of the final order they recommend the district judge issue. District court judges tend to prefer that because if they do adopt the magistrate judge's recommendation there is less editing to do for the district judge's order. It's simply a matter of efficiency. But that does not change that magistrate judge is making a recommendation to the district court judge, and believe me, district court judges are quite aware that they make the final decision.

    Don't focus on stuff that has no bearing on the substance of what is going on your case. Quibbling over terms like "court" instead of "I" not only will get you nowhere and is a waste of your time, it is also a great way to tick off the judge hearing the matter, and that is not helpful to you.

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    Default Re: Can Magistrate Judge Decide Grant or Dismiss a Motion

    Posting HX.

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    Default Re: Can Magistrate Judge Decide Grant or Dismiss a Motion

    Quote Quoting worldfg
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    In this situation, does Magistrate judge can make above statements, such as represent court by using "court recommend" instead of using "I recommend"?
    This sentence is a grammatical mess, but the things you typed in the numbered list are pretty much exactly what you expect from a magistrate who reviews dispositive motions and makes recommendations.


    Quote Quoting worldfg
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    Denied all the Plaintiff's motion for relief and grant defendant's motion for dismiss plaintiff's amended claims which he granted 45 days ago?
    Despite your use of a question mark, this sentence isn't a question (nor is it a complete sentence or particularly coherent).

    I have to say that one of the problems you may be having with the case you've been posting about is that you apparently are not a native English speaker or otherwise have the writing ability of a second or third grader. I don't say that to insult you but to point out something that may be having a very real impact on your case.

    Quote Quoting worldfg
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    Based on 28 U.S. Code  636 (b) 1 A:
    A magistrate not make a final decision on such a motion, but the district judge can have the magistrate judge consider and make recommendations about a motion to dismiss. The ruling does not become final until the district judge reviews and adopts the magistrate judge's recommendations.

    Quote Quoting worldfg
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    He did so because someone forged the document, because his three orders have the exactly same signatures.
    That's not forgery. As we've already explained to you, this is likely because of use of an electronic signature or a signature stamp.


    Quote Quoting worldfg
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    I would think that it was defendant who wrote that memo and someone forged judge's signature
    Even if something like that could happen, it's not getting int he court's file as an order of the court by magic.

  7. #7

    Default Re: Can Magistrate Judge Decide Grant or Dismiss a Motion

    Case manager confirmed that judge did sign the memo and no stamp or electronic signature used!!! Crime did happen not magic!!!

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    Default Re: Can Magistrate Judge Decide Grant or Dismiss a Motion

    Quote Quoting worldfg
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    Case manager confirmed that judge did sign the memo and no stamp or electronic signature used!!! Crime did happen not magic!!!
    So the "case manager" confirmed that THE JUDGE SIGNED the documents yet you still believe a "crime" happened. You're grasping at tenuous straws.

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    Default Re: Can Magistrate Judge Decide Grant or Dismiss a Motion

    Quote Quoting worldfg
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    Case manager confirmed that judge did sign the memo and no stamp or electronic signature used!!! Crime did happen not magic!!!

    What crime? The judge signed it, so the order is valid. You need to get off this pursuit about what you see as identical signature on the court's orders. So long as they are signed off by the judge one way or another they are valid orders of the court and you waste your time and the court's time making an issue over it. A lot of pro se parties screw up their cases by focusing on irrelevant stuff like this and not on the things in the case that are really important. You don't want to be one of those people.

  10. #10

    Default Re: Can Magistrate Judge Decide Grant or Dismiss a Motion

    Can you sign your name exactly identical twice? No one in the world can do this!!! If you have three order/memos "signed" by a judge with exactly identical signature (two experts consulted and confirm the signatures are identical same), what does this means to you?

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