Topic: where parties receive clear notice of the consequences, fai… · Go Syfert
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Topic #71

6 canonical passages across 6 cases, quoted by 253 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Marc Andrew Mario v. P & C Food Markets, Inc..

#Case FlagCanonical passage Citers
1 Marc Andrew Mario v. P & C Food Markets, Inc. Anchor
ca2 · 2002
green “where parties receive clear notice of the consequences, failure timely to object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision.” 102
2 Robert J. McCarthy v. John Manson, Commissioner of Corrections of the State of Connecticut
ca2 · 1983
green “when a party fails to object timely to a magistrate's recommended decision, it waives any right to further judicial review of that decision.” 44
3 Donovan Spence v. Superintendent, Great Meadow Correctional Facility, and Commissioner, New York State Department of Correctional Services
ca2 · 2000
green “failure to timely object to a report generally waives any further judicial review of the findings contained in the report.” 43
4 Nelson v. Smith
nysd · 1985
green “to accept the report and recommendation of a magistrate, to which no timely objection has been made, a district court need only satisfy itself that there is no clear error on the face of the record.” 42
5 Ortiz v. Barkley
nysd · 2008
green “reviewing courts should review a report and recommendation for clear error where objections are 'merely perfunctory responses,' . . . 'rehashing . . . the same arguments set forth in the original petition.” 17
6 Willie Deleon v. Wayne L. Strack, Superintendent Fishkill Correctional Facility
ca2 · 2000
green “party generally waives judicial review of an issue when he or she fails to make timely objection to a magistrate judge's report, as long as all parties receive clear notice of the consequences of their failure to object.” 5

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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