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· 12/5/2006

Gerald Stephens v. Thomas Tolbert

Citations

  • 471 F.3d 1173
  • 2006 U.S. App. LEXIS 29716
  • 2006 WL 3488978

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the district court has discretion to hear an argument not presented to the magistrate judge
  • holding that district court has discretion to consider an issue raised for the first time in an objection to the magistrate judge’s report and recommendation
  • holding that a district court acted within its broad discretion when it considered and accepted an argument that had not been presented to a magistrate judge
  • explaining that a district judge has broad discretion to consider “an argument that had not been presented to the magistrate judge”
  • finding that district court judge did not abuse its discretion in considering arguments not previously raised before the magistrate judge
  • explaining that “an appellate court may consider only evidence that was part of the record before the district court” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Dubina, Carnes, Pryor

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.