Derrick L. Johnson v. Charles Bradley, Warden
DueProcess FifthAmendment HabeasCorpus
Whether the Sixth Circuit Court of Appeals failed to exercise its supervisory power to establish a rule that precludes a United States District Magistrate Judge from waiving a litigant's right to file objections when the litigant was not properly served a copy of the Magistrate's Report and Recommendation, pursuant to Title 28 U.S.C. §636(b)(1)(C) of the Federal Magistrate Act
QUESTION(S) PRESENTED ; 1. Sixth Circuit Court of Appeals failed to exercise it's supervisory power to establish a rule that preclude a United States District Magistrate Judge from waiving a litigant’s right to file objections when litigant was not properly served a copy of the Magistrate’s Report and Recommendation, pursuant to Title 28 U.S.C. §636(b)(1)(C) of the Federal Magistrate Act. "2. Sixth circuit Court of Appeals violated Title 28 U.S.C.§636 (b)(1)(C} when it affirmed the adoption of the District Court’s decision to adopt the Magistrate Judge reason for failing to provide Petitioner notice of Magistrate Judge Report . and Recommendation as required by Title 28 U.S.C. §636(b)(1)(C). 3. Was the Sixth Circuit Court of Appeals decision in violation of Title 28 U.S.C. §636(b)(1)(B) when the Petitioner was prejudiced by the District Judge failure to act pursuant to Title 28 U.S.C. §636(b)(1)(B) governing the management of litigation pursuant to the Federal Magistrate Act that precludes waiver rule caused by lack of notice and service in violation of Title 28 U.S.C. §636(b)(1)(C). 4. Magistrate’s violated of Civ. R. 72(b)(1)