Can a federal judge after reviewing the record in the process of making a de novo determination, have doubts concerning the credibility findings of a federal magistrate?

MultiRegion, United States of America

The following excerpt is from Cullen v. USA, 194 F.3d 401 (2nd Cir. 1999):

Neither the statute [the Federal Magistrates Act] nor its legislative history reveals any specific consideration of the situation where a district judge after reviewing the record in the process of making a de novo "determination" has doubts concerning the credibility findings of the magistrate. The issue is not before us, but we assume it is unlikely that a district judge would reject a magistrate's proposed findings on credibility when those findings are dispositive and substitute the judge's own appraisal; to do so without seeing and hearing the witness or witnesses whose credibility is in question could well give rise to serious questions which we do not reach.

United States v. Raddatz, 447 U.S. 667, 681 n.7 (1980) (emphasis in original); see id. at

Page 406

Other Questions


Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
What is the role of a federal district court in determining whether a federal judge has jurisdiction to delay a federal hearing? (MultiRegion, United States of America)
Does a district judge have to consider the credibility of the central witnesses before making an order based on the findings of a magistrate? (MultiRegion, United States of America)
What is the test for determining whether a federal court would interpret a state's position on an issue before making a federal determination? (MultiRegion, United States of America)
Is a factual finding from a state court relevant to the federal court review if the relevant record is unavailable for review? (MultiRegion, United States of America)
Can a federal judge review the record to determine whether a state court's final resolution of the case was unreasonable? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
How should a judge make a finding of not credible determination? (MultiRegion, United States of America)
Does the Federal Reserve have authority to make a final determination on whether to grant approval for a proposed amendment to the Federal Trade Commission's policy review? (MultiRegion, United States of America)
Can a federal district judge overturn a finding or recommendation made by a magistrate judge? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.