How often have you seen a District Judge terminate a Magistrate from a case?

[mrsjohnson]

Georgia

How often have you seen a Magistrate terminated by the Judge for not applying Rule 12(b)(6) and ignored binding precedent in a R&R?

 

[quincy]

Georgia

I'm the Plaintiff in civil case and the Magistrate didn't apply the law in her R&R on Defendant's Motion to Dismiss. I objected, the Judge sustained all my objections and let the Magistrate know in detail how she didn't apply the Rule 12(b)(6) and ignored binding precedent. It was horrible. Case as been stayed pending settlement mediation. I don't expect it to settle.

Experience?

No experience like yours. Sorry.

Every case will be different.

 

[Zigner]

I doubt anyone here has been a plaintiff in a civil case in Georgia in which the magistrate didn't apply the law in her R&R on Defendant's Motion to Dismiss.

 

[mrsjohnson]

I doubt anyone here has been a plaintiff in a civil case in Georgia in which the magistrate didn't apply the law in her R&R on Defendant's Motion to Dismiss.

Edited.

 

[Zigner]

Edited.

Doesn't matter that you edited it. Yours is a very specific question and nobody here has experience with it. You may wish to consult with a local attorney.

 

[mrsjohnson]

Just to be clear, this is not a state specific question that requires a consult from a local attorney, it is a general question directed at actual attorneys that have vast experience in the system. But if there is no one here that has experience, that's fine. It was a question of curiosity more or less. I can file a motion for recusal if the Magistrate is reassigned after the stay is lifted if I so choose. In fact, since I'm bored right now and all my work is caught up, I'll do just that. Have a great day!

 

[quincy]

Georgia

How often have you seen a Magistrate terminated by the Judge for not applying Rule 12(b)(6) and ignored binding precedent in a R&R?

To answer your edited post question:

Never.

 

[Taxing Matters]

Georgia

How often have you seen a Magistrate terminated by the Judge for not applying Rule 12(b)(6) and ignored binding precedent in a R&R?

Since you refer to district court and rule 12(b)(6), it would appear that that the matter is in federal court as Georgia does not have state district courts. I clerked for a federal district court judge and have litigated in federal court I can tell you that the district court judges will certainly overrule the recommendations of the magistrate judges when the district court judge believes the magistrate erred. It is certainly not a rare or uncommon thing. However, doing that does not generally result in the magistrate being removed from the case by the judge. The whole reason for the magistrate review and for appeals as well is that magistrates and judges can make mistakes and the review/appeals process allows another look to get it right. You may move to have the magistrate judge removed if you wish, but I would caution not to be too hasty in doing that. Just because the magistrate made an error on the 12(b)(6) motion does not automatically mean he or she is a bad magistrate. Moving to remove the magistrate may slow down your litigation, and in general plaintiffs do not benefit from dragging things out. Consult your attorney (and I hope you have one, as federal court can be difficult for pro se litigants) regarding that if you think you want to pursue that motion.

 

[mrsjohnson]

Excellent reply @Taxing Matters and exactly the kind I was looking for! I am a pro se litigant in federal court and I agree that it can be difficult but I'm willing to take the risk. I had an attorney that agreed with the magistrate and if I would have deferred to her judgement instead of taking it over and objecting, it could have cost me me significantly.

I've stood back, looked at this R&R from every angle there is and as objectively as I can see nothing but bias at play here and that is unfortunate to experience. And it makes me wonder how involved some people get in their cases? My attorney sent me the R&R but I don't know if this happens usually? If it happens that most attorneys do not share these things, but only offer their opinions, how many have lost because of it. As a Plaintiff in other cases, I can tell you nothing was shared with me but the settlement.

I'm extremely lucky to have been assigned a Judge that has a special interest in cases like mine. Can you tell me if Judges are generally assigned cases where they are already familiar? It would make sense that they would be because they've done the research but of course, I have no idea. But if that is true, then I might benefit from removing this magistrate, whether she is truly biased or just ignorant.

Since I don't have an attorney and I'm self employed, I can literally drag this on for the next few years if need be. I have a goal and that is to set a precedent and then I can hopefully retire from this case.

Thank you again for responding. You have been so very helpful!

 

[PayrollHRGuy]

Since I don't have an attorney and I'm self employed, I can literally drag this on for the next few years if need be. I have a goal and that is to set a precedent and then I can hopefully retire from this case.

So you want to lose the first time around? Because that is the only way you are going to set precedent with this case.

 

[mrsjohnson]

So you want to lose the first time around? Because that is the only way you are going to set precedent with this case.

I'm truly terrified now @PayrollHRGuy lol!

I will set a precedent in this case and when I do, if I remember this, I will come back and rub in your face...

By the way, Defendant's current settlement offer is the cherry on top, a cherry that I don't have to split with anyone.

 

[Zigner]

I'm truly terrified now @PayrollHRGuy lol!

I will set a precedent in this case and when I do, if I remember this, I will come back and rub in your face...

By the way, Defendant's current settlement offer is the cherry on top, a cherry that I don't have to split with anyone.

Awww, bless your heart.

 

[mrsjohnson]

You know, it always amazes me but most people will agree there are good and bad attorneys but will hardly ever agree that there are good and bad pro se litigants. We all just get lumped in the bad category lol!

Oh well, life is just not fair is it?

I know one thing for certain, nothing seems to tick some attorneys (and their groupies) off more than pro se litigants. Awww bless their hearts...

 

[PayrollHRGuy]

I'm truly terrified now @PayrollHRGuy lol!

I will set a precedent in this case and when I do, if I remember this, I will come back and rub in your face...

By the way, Defendant's current settlement offer is the cherry on top, a cherry that I don't have to split with anyone.

If you accept the offer no legal precedent will be set.

If you win in district court and the other side doesn't appeal and you win that or further appeal no legal precedent will be set.

If you lose in district court and then appeal then there is the possibility that legal precedent will be set.

But as has been said, Bless your heart.

 

[PayrollHRGuy]

You know, it always amazes me but most people will agree there are good and bad attorneys but will hardly ever agree that there are good and bad pro se litigants. We all just get lumped in the bad category lol!

There is a reason for that.