No. 23-5633

Demetrius Verardi Ramos v. United States

Lower Court: Ninth Circuit
Docketed: 2023-09-21
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: civil-procedure de-novo-review due-process factual-error judicial-procedure magistrate-judge objection-standard report-and-recommendation waiver
Key Terms:
DueProcess
Latest Conference: 2024-03-15 (distributed 2 times)
Question Presented (AI Summary)

Does the court of appeals' opinion conflict with Raddatz and principles of due-process?

Question Presented (OCR Extract)

QUESTION PRESENTED In United States v. Raddatz, 447 U.S. 667 (1980), this Court made clear that the designation of authority to a magistrate judge to conduct evidentiary hearings and submit reports and recommendations on motions to suppress, which is codified in 28 U.S.C. § 636(b)(1), satisfies due process requirements because the statute requires a district judge to conduct do novo review of the proceedings when a party files objections to the report and recommendation, thus ensuring that the district court is “the ultimate decisionmaker.” 447 U.S. at 680-81. Does the court of appeals’ opinion conflict with Raddatz and principles of due process because it permits a district court to adopt, in its entirety, a magistrate judge’s report and recommendation containing a clear and material factual error and inapplicable language regarding waiver—errors to which the defendant objected—with no explanation except a bare assertion that it had conducted de novo review? RULE 14.1(b) STATEMENT (i) All

Docket Entries

2024-03-18
Petition DENIED.
2024-02-29
DISTRIBUTED for Conference of 3/15/2024.
2024-02-27
Reply of petitioner Demetrius Verardi Ramos filed.
2024-02-15
Brief of respondent United States in opposition filed.
2024-01-09
Motion to extend the time to file a response is granted and the time is further extended to and including February 15, 2024.
2024-01-08
Motion to extend the time to file a response from January 16, 2024 to February 15, 2024, submitted to The Clerk.
2023-12-13
Motion to extend the time to file a response is granted and the time is further extended to and including January 16, 2024. See Rule 30.1.
2023-12-12
Motion to extend the time to file a response from December 15, 2023 to January 15, 2024, submitted to The Clerk.
2023-11-09
Motion to extend the time to file a response is granted and the time is extended to and including December 15, 2023.
2023-11-08
Motion to extend the time to file a response from November 15, 2023 to December 15, 2023, submitted to The Clerk.
2023-10-16
Response Requested. (Due November 15, 2023)
2023-10-05
DISTRIBUTED for Conference of 10/27/2023.
2023-09-27
Waiver of right of respondent United States to respond filed.
2023-09-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 23, 2023)

Attorneys

Demetrius Verardi Ramos
Elizabeth Janney KruschekFederal Public Defender, District of Arizona, Petitioner
Elizabeth Janney KruschekFederal Public Defender, District of Arizona, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent