Is Ajayi permitted to challenge on appeal the analysis provided by the district court to that provided in the magistrate judge's recommendation?
MultiRegion, United States of America
The following excerpt is from Ajayi v. David, No. 09-3960-cv (2nd Cir. 2010):
1. Because Ajayi does not challenge on appeal the brief analysis added by the district court to that provided in the magistrate judge's report and recommendation, any such argument is deemed waived. See Norton v. Sam's Club, 145 F.3d 114, 117 (2d Cir. 1998).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a judge appeal an adverse decision from the District Court of Appeal assigned to the same district judge as he had previously ruled against the same judge? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
When a final judgment from one district court is registered with another district court pursuant to Section 1963, is it treated like a judgment from the other district court? (MultiRegion, United States of America)
If a juvenile defendant in a criminal case does not object to a recommendation of a magistrate to deny his motion to suppress his confession, can he then appeal to the Court of Appeal? (MultiRegion, United States of America)
What is the basis for a federal district court's finding that a state court transcript is sufficient basis for the district court to grant a motion requiring an evidentiary hearing? (MultiRegion, United States of America)
If a claim is brought by a plaintiff before the Court of Appeal of the Superior Court of Justice from the State of New York is heard by a federal judge, what effect does this have on the appeal? (MultiRegion, United States of America)
What is the timing of a motion for attorney's fees and costs in the wake of the Court of Appeal's decision of appeal against the Supreme Court of Justice's decision to dismiss the appeal? (MultiRegion, United States of America)
Does a notice of appeal stating that plaintiffs have appealed from a report and recommendation of a magistrate judge that an injunction be issued? (MultiRegion, United States of America)
In what circumstances will a federal district court order dismissing a complaint and action with prejudice be appealed before a federal appeals court? (MultiRegion, United States of America)
Is a state attorney permitted to pursue in the court of appeals a claim of legal error by a magistrate judge of the 9th Circuit? (MultiRegion, United States of America)
