James Borden v. Sec'y of Health & Human Servs., 836 F.2d 4 (1st Cir. 1987). · Go Syfert
James Borden v. Sec'y of Health & Human Servs., 836 F.2d 4 (1st Cir. 1987). Cases Citing This Book View Copy Cite
373 citation events (309 in the last 25 years) across 33 distinct courts.
Strongest positive: Jacob Keith v. Maine Department of Health and Human Services (med, 2026-06-26)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Jacob Keith v. Maine Department of Health and Human Services
D. Me. · 2026 · quote attribution · 1 verbatim quote · confidence high
parties must take before the magistrate , not only their best shot, but all of their shots
discussed Cited as authority (verbatim quote) EWALD v. PRUDENTIAL FINANCIAL CORPORATE OFFICE HEADQUARTERS
D. Me. · 2021 · quote attribution · 1 verbatim quote · confidence high
parties must take before the magistrate, not only their best shot but all of their shots
discussed Cited as authority (verbatim quote) Hartford Insurance v. General Electric Co.
D.R.I. · 2007 · quote attribution · 1 verbatim quote · confidence high
parties must take before the magistrate, not only their best shot but all of their shots.
discussed Cited as authority (verbatim quote) Nogueras-Cartagena v. United States
D.P.R. · 2001 · quote attribution · 1 verbatim quote · confidence high
ppellant was entitled to a de novo review by the district court of the recommendations to which he objected, ..., however he was not entitled to a de novo review of an argument never raised.
discussed Cited as authority (verbatim quote) Maine Green Party v. ME, Secy of State
1st Cir. · 1999 · quote attribution · 1 verbatim quote · confidence high
appellant was entitled to a de novo review by the district court of the recommendations to which he objected, however he was not entitled to a de novo review of an argument never raised.
discussed Cited as authority (verbatim quote) Santiago, etc. v. Canon, U.S.A., Inc.
1st Cir. · 1998 · quote attribution · 1 verbatim quote · confidence high
appellant was entitled to a de novo review by the district court of the recommendations to which he objected, however he was not entitled to a de novo review of an argument never raised.
discussed Cited as authority (verbatim quote) Salud Para El Pueblo v. Department of Health of the Commonwealth (2×) also: Cited as authority (rule)
D.P.R. · 1997 · quote attribution · 1 verbatim quote · confidence high
mppellant was entitled to a de novo review by the district court of the recommendations to which he objected, ..., however he was not entitled to a de novo review of an argument never raised.
discussed Cited as authority (rule) OLIVER JAMES v. FLAGLER SYSTEM, INC., et al.
S.D. Fla. · 2026 · confidence medium
Servs., 836 F.2d 4, 6 (1st Cir. 1987) (“Parties must take before the magistrate, not only their ‘best shot’ but all of their shots.” (quotation omitted)).
cited Cited as authority (rule) Melvin Morales v. BAH Logistics LLC, et al.
D.P.R. · 2026 · confidence medium
See Davet v. Maccorone, 973 F.2d 22, 30-31 (1st Cir. 1992); Borden v. Sec’y of H.H.S., 836 F.2d 4, 6 (1st Cir. 1987).
cited Cited as authority (rule) Peter David Schiff v. Internal Revenue Service, et al.
D.P.R. · 2026 · confidence medium
Servs., 836 F.2d 4, 6 (1st Cir. 1987).
cited Cited as authority (rule) Peter David Schiff v. Internal Revenue Service, et al.
D.P.R. · 2026 · confidence medium
Servs., 836 F.2d 4, 6 (1st Cir. 1987). 1.
cited Cited as authority (rule) Peter David Schiff v. Internal Revenue Service, et al.
D.P.R. · 2026 · confidence medium
Servs., 836 F.2d 4, 6 (1st Cir. 1987).
cited Cited as authority (rule) Peter David Schiff v. Internal Revenue Service, et al.
D.P.R. · 2026 · confidence medium
Servs., 836 F.2d 4, 6 (1st Cir. 1987).
examined Cited as authority (rule) Gregory J. Van Etten v. Stephanie K. Fattman, et al. (3×) also: Cited "see"
D. Mass. · 2026 · confidence medium
Mass. Aug. 25, 2017) (quoting Borden v. Sec’y of Health & Human Servs., 836 F. 2d 4, 6 (1st Cir. 1987)).
cited Cited as authority (rule) FirstBank of Puerto Rico, et al. v. Rosta Family Limited Partnership, et al.
D.P.R. · 2026 · confidence medium
Co., 840 F.2d 985 (1st Cir. 1988); Borden v. Sec’y of Health & Human Servs., 836 F.2d 4, 6 (1st Cir. 1987).
discussed Cited as authority (rule) Lynette Castillo, Felix M. Avilés-Franco, their conjugal partnership, Personnel Recruiting Service, Corp., Salvador Jiménez, Raquel Jiménez, and their conjugal partnership v. Klayman & Toskes, P.A., Lawrence L. Klayman, and Steven J. Toskes
D.P.R. · 2026 · confidence medium
Co., 840 F.2d 985 (1st Cir. 1988); Borden v. 17 Sec’y of Health & Human Servs., 836 F.2d 4, 6 (1st Cir. 1987). 18 19 IT IS SO RECOMMENDED 20 In San Juan, Puerto Rico this 5th day of February, 2026. 21 S/Héctor L.
discussed Cited as authority (rule) Robert Silva-Prentice v. Dean Gray
D. Mass. · 2025 · confidence medium
Servs., 836 F.2d 4, 6 (1st Cir. 1987)); Crooker, 682 F. Supp. at 1281 (“[D]istrict court judges on a de novo review of a magistrate’s report and recommendation may entirely ignore arguments not presented to the magistrate.”).
discussed Cited as authority (rule) Thomas Bayne v. Cumberland County Sheriff
D. Me. · 2025 · confidence medium
Servs., 836 F.2d 4, 6 (1st Cir. 1987) (citing Singh v. Superintending Sch.
cited Cited as authority (rule) Walter A. Alemañy Ramírez v. ICF Incorporated, LLC
D.P.R. · 2025 · confidence medium
See Davet v. Maccorone, 973 F.2d 22, 30-31 (1st Cir. 1992); Borden v. Sec’y of H.H.S., 836 F.2d 4, 6 (1st Cir. 1987).
cited Cited as authority (rule) Williams v. MCI-Shirley Medium Superintendent
D. Mass. · 2025 · confidence medium
Servs., 836 F.2d 4, 6 (1st Cir. 1987)).
cited Cited as authority (rule) Trustees of Dennis Pines Condominium Trust of Dennis v. Patten
D. Mass. · 2025 · confidence medium
Servs., 836 F.2d 4, 6 (1st Cir. 1987)).
discussed Cited as authority (rule) Bella International LLC v. Armbruster
D.P.R. · 2025 · confidence medium
An “[a]ppellant [is] entitled to a de novo review by the district court of the recommendations to which he objected, however he [is] not entitled to a de novo review of an argument never raised.” See Borden v. Secretary of Health & Human Services, 836 F.2d 4, 6 (1st Cir. 1987) (internal citations omitted).
cited Cited as authority (rule) Erickson v. Emmanuelli
D.P.R. · 2025 · confidence medium
Co., 840 F.2d 985 (1st Cir. 1988); Borden v. Sec’y of Health & Human Servs., 836 F.2d 4, 6 (1st Cir. 1987).
cited Cited as authority (rule) Erickson v. Emmanuelli
D.P.R. · 2025 · confidence medium
Co., 840 F.2d 985 (1st Cir. 1988); Borden v. Sec’y of Health & Human Servs., 836 F.2d 4, 6 (1st Cir. 1987).
cited Cited as authority (rule) Sky Tower Puerto Rico Inc. v. Commonwealth of Puerto Rico
D.P.R. · 2025 · confidence medium
Co., 840 F.2d 985 (1st Cir. 1988); Borden v. Sec’y of Health & Human Servs., 836 F.2d 4, 6 (1st Cir. 1987).
cited Cited as authority (rule) Gonzalez-Carpio v. Bracha & Success Enterprise LLC.
D.P.R. · 2025 · confidence medium
Wholesale Electric Co., 840 F.2d 985 (1st Cir. 1988); Borden v. Secretary of Health and Human Services, 836 F.2d 4, 6 (1st Cir. 1987).
discussed Cited as authority (rule) Kris v. Behavioral Health Services
D. Mass. · 2025 · confidence medium
See Guzman-Ruiz v. Hernandez-Colon, 406 F.3d 31, 36 (1st Cir. 2005); Borden v. Sec’y of Health & Human Servs., 836 F.2d 4, 6 (1st Cir. 1987) (explaining that a party objecting to a report and recommendation is “not entitled to a de novo review of an argument never raised” before the magistrate).7 Ultimately, the U.S. district judge may “may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions.” Fed.
cited Cited as authority (rule) Ferrao-Rivera v. Puerto Rico Department of Education
D.P.R. · 2025 · confidence medium
See Davet v. Maccorone, 973 F.2d 22, 30-31 (1st Cir. 1992); Borden v. Secretary of H.H.S., 836 F.2d 4, 6 (1st Cir. 1987).
discussed Cited as authority (rule) GILBERT v. MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES
D. Me. · 2025 · confidence medium
Co., 840 F.2d 985, 990-91 (1st Cir. 1988)); Barden v. Sec’y of Health & Human Servs., 836 F.2d 4, 6 (1st Cir. 1987) (quoting Singh v. Superintending Sch.
discussed Cited as authority (rule) Desilva v. The Guardian Life Insurance Company of America
D. Mass. · 2025 · confidence medium
See Guzman-Ruiz v. Hernandez-Colon, 406 F.3d 31, 36 (1st Cir. 2005); Borden v. Sec’y of Health & Human Servs., 836 F.2d 4, 6 (1st Cir. 1987) (explaining that a party objecting to a report and recommendation is “not entitled to a de novo review of an argument never raised” before the magistrate).
discussed Cited as authority (rule) GILBERT v. MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS)
D. Me. · 2025 · confidence medium
Co., 840 F.2d 985, 990-91 (1st Cir. 1988)); Borden v. Sec’y of Health & Human Servs., 836 F.2d 4, 6 (1st Cir. 1987) (quoting Singh v. Superintending Sch.
cited Cited as authority (rule) Silva-Duran v. Burlington Coat Factory of PR, LLC
D.P.R. · 2025 · confidence medium
See Davet v. Maccorone, 973 F.2d 22, 30-31 (1st Cir. 1992); Borden v. Secretary of H.H.S., 836 F.2d 4, 6 (1st Cir. 1987).
cited Cited as authority (rule) Vistas de Canovanas I, Inc. v. Federal Deposit Insurance Corporation
D.P.R. · 2025 · confidence medium
See Davet v. Maccorone, 973 F.2d 22, 30-31 (1st Cir. 1992); Borden v. Secretary of H.H.S., 836 F.2d 4, 6 (1st Cir. 1987).
discussed Cited as authority (rule) CHARETTE v. DINSMORE (2×) also: Cited "see"
D. Me. · 2025 · confidence medium
Barden v. Sec’y of Health & Human Servs., 836 F.2d 4, 6 (1st Cir. 1987) (quoting Singh v. Superintending Sch.
cited Cited as authority (rule) Sandoval v. Hospital Oriente, Inc.
D.P.R. · 2025 · confidence medium
C ivil No. 22-1136 (FAB) 6 See Davet v. Maccorone, 973 F.2d 22, 30-31 (1st Cir. 1992); Borden v. Sec’y of H.H.S., 836 F.2d 4, 6 (1st Cir. 1987).
cited Cited as authority (rule) Gonzalez v. Harr Toyota Inc.
D. Mass. · 2025 · confidence medium
Borden v. Sec'y of Health & Human Servs., 836 F.2d 4, 6 (1st Cir. 1987).
cited Cited as authority (rule) Gonzalez-Carpio v. Bracha & Success Enterprise LLC.
D.P.R. · 2025 · confidence medium
See Davet v. Maccorone, 973 F.2d 22, 30-31 (1st Cir. 1992); Borden v. Secretary of H.H.S., 836 F.2d 4, 6 (1st Cir. 1987).
cited Cited as authority (rule) Quiles-Carrasquillo v. DeJoy
D.P.R. · 2025 · confidence medium
See Davet v. Maccorone, 973 F.2d 22, 30-31 (1st Cir. 1992); Borden v. Secretary of H.H.S., 836 F.2d 4, 6 (1st Cir. 1987).
discussed Cited as authority (rule) GILBERT v. MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES
D. Me. · 2024 · confidence medium
Co., 840 F.2d 985, 990-91 (1st Cir. 1988)); Barden v. Sec’y of Health & Human Servs., 836 F.2d 4, 6 (1st Cir. 1987) (quoting Singh v. Superintending Sch.
cited Cited as authority (rule) Equal Employment Opportunity Commission v. Triple-S Vida, Inc.
D.P.R. · 2024 · confidence medium
See Davet v. Maccorone, 973 F.2d 22, 30-31 (1st Cir. 1992); Borden v. Sec’y of H.H.S., 836 F.2d 4, 6 (1st Cir. 1987).
discussed Cited as authority (rule) FOX v. MAKIN
D. Me. · 2024 · confidence medium
Co., 840 F.2d 985, 990-91 (1st Cir. 1988)); Barden v. Sec’y of Health & Human Servs., 836 F.2d 4, 6 (1st Cir. 1987) (quoting Singh v. Superintending Sch.
cited Cited as authority (rule) TotalEnergies Marketing Puerto Rico Corp. v. Helechal Gas Station, Inc.
D.P.R. · 2024 · confidence medium
Wholesale Electric Co., 840 F.2d 985 (1st Cir. 1988); Borden v. Secretary of Health and Human Services, 836 F.2d 4, 6 (1st Cir. 1987).
cited Cited as authority (rule) Santiago-Colberg v. Busquets
D.P.R. · 2024 · confidence medium
See Davet v. Maccorone, 973 F.2d 22, 30-31 (1st Cir. 1992); Borden v. Secretary of H.H.S., 836 F.2d 4, 6 (1st Cir. 1987).
cited Cited as authority (rule) Doelger v. JPMorgan Chase Bank, N.A.
D. Mass. · 2024 · confidence medium
Servs., 836 F.2d 4, 6 (1st Cir. 1987)).
discussed Cited as authority (rule) Lan Global, Inc. v. Alchemy Telco Solutions US, LLC
D. Mass. · 2024 · confidence medium
“Parties must take before the magistrate, ‘not only their “best shot” but all of their shots.’” Borden v. Sec’y of Health & Human Servs., 836 F.2d 4, 6 (1st Cir. 1987) (quoting Singh v. Superintending Sch.
discussed Cited as authority (rule) FOX v. MAKIN
D. Me. · 2024 · confidence medium
Servs., 836 F.2d 4, 6 (1st Cir. 1987) (“Parties must take before the magistrate, ‘not only their best shot but all of their shots’” (quoting Singh v. Superintending Sch.
discussed Cited as authority (rule) Hughes v. Baystate Financial Services, LLC
D. Mass. · 2024 · confidence medium
Servs., 836 F.2d 4, 6 (1st Cir. 1987) (objecting party “was not entitled to a de novo review of an argument never raised,” which would “defeat th[e] purpose [of the Federal Magistrate’s Act] if the district court was required to hear matters anew on issues never presented to the magistrate.” (internal citations omitted)).
discussed Cited as authority (rule) NORTH CAROLINA STATE CONFERENCE OF THE NAACP v. COOPER
M.D.N.C. · 2024 · confidence medium
Servs., 836 F.2d 4, 6 (1st Cir. 1987) (holding that issues raised for the first time in objections to the magistrate judge’s recommendation were waived); Paterson-Leitch Co., Inc. v. Massachusetts 44 Mun.
cited Cited as authority (rule) Ryan v. The Newark Group, INC.
D. Mass. · 2023 · confidence medium
Mass. Aug. 25, 2017) (quoting Borden v. Sec'y of Health & Human Servs., 836 F.2d 4, 6 (1st Cir. 1987).
discussed Cited as authority (rule) Everett v. Horry County Police Dept.
D.S.C. · 2023 · confidence medium
Co., 840 F.2d 985 , 990–91 (1st Cir.1988) (holding that "an unsuccessful party is not entitled as of right to de novo review ... of an argument never seasonably raised before the magistrate"); Borden v. Secretary of Health & Human Servs., 836 F.2d 4, 6 (1st Cir.1987) (holding that issues raised for the first time in objections to magistrate's recommendation were waived); see also Greenhow v. Secretary of Health & Human Servs., 863 F.2d 633 , 638–39 (9th Cir.1988) ("[A]llowing parties to litigate fully their case before the magistrate and, if unsuccessful, to change their strategy and prese…
Retrieving the full opinion text from the archive…
James BORDEN, Plaintiff, Appellant,
v.
SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee
86-2139.
Court of Appeals for the First Circuit.
Sep 29, 1987.
836 F.2d 4
Brian J. Farrell and Lovett, Schefrin & Gallogly, Ltd., Providence, R.I., on brief, for appellant., Michael P. Iannotti, Asst. U.S. Atty., and Lincoln C. Almond, U.S. Atty., Providence, R.I., on brief, for appellee.
Campbell, Bownes, Torruella.
Cited by 286 opinions  |  Published
PER CURIAM.

Appellant James Borden challenges a district court order affirming the Secretary’s denial of disability insurance benefits. Appellant argues first, that the Secretary’s decision is not supported by the weight of the evidence and second, that the district court erred in refusing to consider his argument regarding stress. For the reasons stated below, we affirm.

Appellant’s alleged disability is heart disease and cerebral hemorrhage, along with a history of hypertension. His past work experience was that of a laborer and meat cutter. The Administrative Law Judge (“AU”) determined that appellant’s health was impaired to the extent of precluding the performance of his past work, however not to the extent of precluding all work. A vocational expert testified as to the precise jobs in which appellant could engage. The AU concluded that appellant was capable of substantial gainful work. 42 U.S.C. § 423(d)(2)(A).

It is well settled that our scope of review is limited to determining whether the Secretary’s decision is supported by substantial evidence. Falú v. Secretary of Health & Human Services, 703 F.2d 24, 28 (1st Cir.1983). It is not this court’s function to engage in a reweighing of the evidence. Gon zález v. Richardson, 455 F.2d 953, 954 (1st Cir.1972). Upon a careful review of the record, we find that the overwhelming weight of the evidence supports the AU’s decision. In fact, it is difficult to perceive why appellant’s counsel has wasted his time and, more importantly, our time, in bringing this appeal.

Appellant seems to be relying on a verbal slip-up in the vocational expert’s testimony. The vocational expert testified as to the exact jobs appellant was capable of performing, including band attacher, cashier, inspector, assembler, gate person and ticket seller. Although the vocational expert inadvertently used the term “sedentary,” which would have qualified appellant as disabled, to categorize this list, these jobs are understood to be “light” jobs. Also, the context of the testimony clearly indicates that appellant was able to perform light work and not just sedentary duties. Furthermore, appellant’s own doctor never indicated that he could not perform light work, but only that he refrain from “any kind of heavy work.” The AU properly determined that appellant was able to perform light work.

Appellant also asserts that the AU and the district court erred in their treat[*6] ment of his claim of emotional stress. The ALJ determined that appellant was unable to perform work involving undue emotional stress; however, the jobs listed by the vocational expert did not involve such stress. On appeal to the district court, the case was referred to a magistrate for a Report and Recommendation. 28 U.S.C. § 636(b)(3). Appellant did not contest the AU’s findings on emotional stress before the magistrate. The magistrate ruled against appellant on the substantial evidence issue and appellant filed an objection in which he also raised, for the first time, the emotional stress issue. The district court refused to rule on this question, holding that it had been waived by failing to raise it before the magistrate. We agree.

Appellant was entitled to a de novo review by the district court of the recommendations to which he objected, see Mathews v. Weber, 423 U.S. 261, 96 S.Ct. 549, 46 L.Ed.2d 483 (1976), however he was not entitled to a de novo review of an argument never raised. See Singh v. Superintending School Committee, 593 F.Supp. 1315, 1318 (D.Me.1984); Health Corp. of America v. New Jersey Dental Ass’n, 77 F.R.D. 488, 491-92 (D.N.J.1978). “The purpose of the Federal Magistrate’s Act is to relieve courts of unnecessary work.” Park Motor Mart, Inc. v. Ford Motor Co., 616 F.2d 603, 605 (1st Cir.1980). It would defeat this purpose if the district court was required to hear matters anew on issues never presented to the magistrate. Parties must take before the magistrate, “not only their ‘best shot’ but all of their shots.” Singh, 593 F.Supp. at 1318. This concept is premised on the same basis as the rule that an appellate court will not consider arguments not raised below except in the most compelling circumstances. See Johnston v. Holiday Inns, 595 F.2d 890, 894 (1st Cir.1979). Thus, here the district court judge properly refused to consider an argument which could have been, but inexplicably was not, presented to the magistrate in the first instance.

Accordingly, we affirm.