Carl Sidney Race v. Montana State Prison Infirmary, et al.
SocialSecurity DueProcess Privacy JusticiabilityDoctri
1. Does a U.S. Magistrate Judge have the authority under 28 U.S.C. § 636(c) to supersede an Order of the Article III U.S. District Court Judge that denied the Defendants Motion to Dismiss under F.R.Civ.P. 12(b)(6) because the Plaintiff did not provide specific facts to show defendant/s personal involvement, with an Order granting defendant's motion to dismiss because the Plaintiff did not provide specific facts to show defendant/s person involvement?
2. Did the Ninth Circuit Court of Appeals err in affirming the District Court's denial of Plaintiff's Motion to Compel^Dis covery that was past due according to the Scheduling Order that would have provided the necessary facts to show personal in- volement of the defendant's before dimissing the case?
3. Did the Ninth Circuit Court of Appeals err in affirming the District Court's denial to Plaintiff's request 'for service on the additional defendant's after permission to proceed informa- pauperis was granted?
4. Did the lower courts err by holding the plaintiff to a higher standard of pleading to survive a F.R.Civ.P. Rule. 12(b)(6) motion to dismiss than is required by U.S. Supreme Court and Ninth Circuit precedent case-law?
Whether a U.S. Magistrate Judge can supersede an Article III District Court Judge's order denying a motion to dismiss under Rule 12(b)(6) when the plaintiff lacks specific facts showing personal involvement