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· 3/19/1997

Harold Wells Richard Oeland v. Shriners Hosptial

Citations

  • 109 F.3d 198
  • 37 Fed. R. Serv. 3d 125
  • 1997 U.S. App. LEXIS 5137
  • 71 Empl. Prac. Dec. (CCH) 44,975
  • 1997 WL 121073

How courts have described this case

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

  • recognizing that failure to file objections to magistrate judge’s recommendation amounts to waiver of appellate review
  • holding that coun- seled party’s failure to timely file objections to magistrate judge’s recommendation waives his right to appeal
  • stating that magistrate judge is not required to warn counsel of consequence of failure to object
  • “The law in this circuit is clear. If written objections to a magistrate judge’s recommendations are not filed with the district court within ten days, a party waives its right to an appeal.”
  • “In this circuit, as in others, a party may file objections . . . or he may not, as he chooses, but he shall do so if he wishes further consideration.” (internal quotation marks omitted)
  • “In this circuit, as in others, ‘a party “may” file objections within ten days or he may not, as he chooses, but he “shall” do so if he wishes further consideration.’” (quoting Park Motor Mart v. Ford Motor Co., 616 F.2d 603, 605 (1st Cir. 1980))

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkinson, Hamilton, Michael

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.