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Joseph
Joseph, Lawyer
Category: Legal
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as a pro-se I had a federal civil suit dismissed by the district

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as a pro-se I had a federal civil suit dismissed by the district judge based on an opinion of a magistrate judge that I never received or read. Upon notice I filed a motion telling the District judge just that fact which is true, I have never seen his opinion. What to use as case law maybe
Hello,

I'm sorry to hear about your situation and hope I can help.

What question do you have regarding your situation?
Customer: replied 3 years ago.

Hi,


 


Yes, The defendants attorney in federal court filed a motion to dismiss a wrongful arrest complaint for which I responded very well I thought. In the meantime a Magistrate judge filed his opinion to dismiss..I never read the magistrates opinion because I never received it. When I learned some three weeks later that the judge had dismissed I filed a motion to reinstate the case because I hadn't seen nor could I respond to something I hadn't read and she ignored my plea to be allowed to read the opinion and stayed with her dismissal.I have no response from you that I can find

Customer: replied 3 years ago.


I'm not sure how this works. Do you send a new e mail..this is info for the appeal court..is that understood?

To clarify, an opinion is not necessary in granting a motion to dismiss. The judge just needs to file an order granting the motion to dismiss. You would then appeal from the motion to dismiss that it was inappropriately granted. This would be based on the contents of the motion itself.

Judges don't issue opinions typically except in appeals court and the Supreme Court. Othertimes, judges just issue their decisions, or here, the order granting the motion to dismiss.

I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!

-Joseph
Customer: replied 3 years ago.

Yes, I agree what I need to know is case law in the appeal process. I need to know case law for inappropriate dismissal.


 


She says "An order of blah blah US District judge, having been filed on 9 August 2013 Report and Recommendations of Magistrate..blah blah, in its entirety, dismissing plaintiffs complaint, and directing the clerk of the court to close this case. She said she did so because I hadn't responded. I couldn't respond because I never received the Report and Recommendation to respond to it.


 


I'm sorry I wasn't clear

I can't do legal research for you here, I can only give you answers to your questions. Case research would cost in the neighborhood of a hundred dollars (and up) an hour for using the pay sites for it, and just isn't cost effective.

You would appeal based on not being served with the motion in accord with the rules of civil procedure, and that you disagree with the motion.

You don't need case law for this, but I will opt out if you want to see if someone would be willing (and is able) to do this research for you.
Joseph and 2 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Alright I understand its a one page appeal based on failure to serve according to civil procedure. Thanks