Johnnie F. Flournoy, Jr. v. Ronald C. Marshall, Supt., Ralph Edward Dean v. Ronald C. Marshall, Supt., Mark Dean Aldridge v. Ronald C. Marshall, Supt.’s Empirical Analysis
842 F.2d 875 · 1988
Citation profile
11 federal appellate ·
How this case has been cited
Cited by 35 later decisions — most recently February 2011 · most notably Bell v. Huling Dds (1995), 194 F. Supp. 2d 704 - Victoria's Secret Stores v. Artco Equipment Co. (2002)
11 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 636
Relies on Edwards v. Arizona · Thomas v. Arn · Wingo v. Wedding · Shea v. Louisiana · Hill v. Duriron Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In § 636(b)(1)(A), Congress provided that a district court judge could designate a magistrate to “hear and determine” any pretrial matter pending before the court, except certain “dis-positive” motions. Review by the district court of the magistrate’s determination of these nondispositive motions is on a “clearly erroneous or contrary to law” standard. Certain “dispositive” motions ... are covered by § 636(b)(1)(B). As to these “dispositive” motions, the district judge may “designate a magistrate to conduct hearings, including evidentiary hearings, and to submit to a judge of the court proposed findings of fact and recommendations for the disposition, by a judge of the court of [the] motions.” However, the magistrate has no authority to make a final and binding disposition. Within 10 days after the magistrate files his proposed findings and recommendations, any party may file objections. The statute then provides: “A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate. The judge may also receive further evidence or recommit the matter to the magistrate with instructions.” § 636(b)(1) (emphasis added).”
1 later decision quote this exact passage · from the majority“[B]y failing to review the magistrate’s report under the appropriate “de novo” standard, the district judge has failed to fulfill his duties as an Article III judge. Although Congress did intend the magistrates to lend assistance to the overburdened district courts when appropriate, the carefully drafted statutory standards for review of the magistrate’s findings are meant to insure that the district courts will not abdicate their responsibility. Due to the great importance of adherence to the express provisions of section 636(b), we VACATE the decision of the district court in all three of these cases and REMAND to the district court for a “de novo” review of the record for at least those objections set forth by the parties and for further proceedings consistent herewith.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.