Eloise HOWARD, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee
- Decided
- May 6, 1991
- Docket
- 90-1641
- Status
- Published
- Jurisdiction
- Federal
Cited 3,067 timesNo negative treatment found in this library
What later courts said
- holding that claimants waive the right to appeal by filing a general objection to the report — McLeod v. Social Security Administration, Commissioner of (2022)
- holding that “a general objection to the entirety of a magistrate's report, without specifying a single issue of contention” was not a proper objection — Meeks v. Campbell (2023)
- recognizing that general objections duplicating the time and effort of the district court and magistrate judge waste judicial resources — Robinson v. Henderson (2024)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
BOGGS, Circuit Judge.
Eloise Howard appeals from the district court’s decision to grant summary judgment, affirming the Secretary’s denial of her application for Social Security benefits under Title II of the Social Security Act. The district court initially referred this case to a magistrate pursuant to 28 U.S.C. § 636(b)(1)(B), and subsequently adopted the magistrate’s recommendation to grant the defendant’s summary judgment motion on April 2, 1990. Because we find that Howard’s attorney failed to file specific objections to the magistrate’s recommendation, we hold that Howard waived her right to appeal the district court’s order.
I
Statutes cited
Cite this
Eloise HOWARD, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee, 932 F.2d 505 (1991)Read the full opinion
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