No. 18-7354

Derrick L. Johnson v. Charles Bradley, Warden

Lower Court: Sixth Circuit
Docketed: 2019-01-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure due-process federal-magistrate-act magistrate-judge notice procedural-rules service service-of-process sixth-circuit supervisory-power
Key Terms:
DueProcess FifthAmendment HabeasCorpus
Latest Conference: 2019-02-22
Question Presented (AI Summary)

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 Presented (OCR Extract)

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)

Docket Entries

2019-02-25
Petition DENIED.
2019-02-07
DISTRIBUTED for Conference of 2/22/2019.
2019-02-05
Waiver of right of respondent Charles Bradley to respond filed.
2018-12-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 11, 2019)

Attorneys

Charles Bradley
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Benjamin Michael FlowersOhio Attorney General Dave Yost, Respondent
Derrick Johnson
Derrick L. Johnson — Petitioner
Derrick L. Johnson — Petitioner