Ask a Lawyer and Get Answers to Your Legal Questions
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
I'm not sure how this works. Do you send a new e mail..this is info for the appeal court..is that understood?
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
Alright I understand its a one page appeal based on failure to serve according to civil procedure. Thanks