Topic: such discretion is exercised based on, among other factors,… · Go Syfert
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Topic #7442

3 canonical passages across 2 cases, quoted by 48 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 Donovan Spence v. Superintendent, Great Meadow Correctional Facility, and Commissioner, New York State Department of Correctional Services.

#Case FlagCanonical passage Citers
1 Donovan Spence v. Superintendent, Great Meadow Correctional Facility, and Commissioner, New York State Department of Correctional Services Anchor
ca2 · 2000
green “such discretion is exercised based on, among other factors, whether the defaulted argument has substantial merit or, put otherwise, whether the magistrate judge committed plain error in ruling against the defaulting party.” 18
2 Donovan Spence v. Superintendent, Great Meadow Correctional Facility, and Commissioner, New York State Department of Correctional Services
ca2 · 2000
green “waived any further judicial review of the findings contained in the report.” 16
3 Floyd Frank v. Sally B. Johnson
ca2 · 1992
green “failure to object timely to that report waives any further judicial review of the report.” 14

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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