Paul W. Douglass v. United Services Automobile Association
- Decided
- March 28, 1996
- Docket
- 95-50007
- Status
- Published
- Jurisdiction
- Federal
Cited 8,052 timesAbrogated on other grounds (verified)Abrogated on other grounds (verified) · Garcia v. Bermea
What later courts said
- holding that “conclusory allegations, speculation, and unsubstantiated assertions are inadequate to satisfy” a summary judgment burden — Lowe v. Viewpoint Bank (2013)
- holding that party may not attack on appellate review unobjected-to factual findings and legal conclusions made by the magistrate except on grounds of plain error — United States v. Murrell (2000)
- noting that a district court may affirm a magistrate judge’s findings and conclusions as correct even though the parties state their objections improperly — Boone v. Dandy B Logistics LLC (2021)
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
RHESA HAWKINS BARKSDALE, Circuit Judge:
We took this case en banc to reconsider our rule that, if a party does not timely file objections with the district court to a magistrate judge’s report and recommendation, that party is barred on appeal to this court, except upon grounds of plain error or manifest injustice, from challenging the proposed findings of fact accepted by the district court, provided the party was served by the magistrate judge with notice of the consequences for the failure to object. On the other hand, under this rule, a magistrate judge’s unob-jected-to proposed legal conclusions accepted by the district court have not been subjected to this limited review.
The critical issue in this pro se appeal by Paul W. Douglass from a summary judgment is our standard of review, in that Douglass did not file objections to the magistrate judge’s report and recommendation, which [*1417] the district court accepted. The panel concluded that our court’s rule required de novo review of the issues of law presented, even though, in essence, those issues are being raised on appeal for the first time.
Statutes cited
- 28 U.S.C. § 636
- 28 U.S.C. § 631-36
Cite this
Paul W. Douglass v. United Services Automobile Association, 79 F.3d 1415 (1996)Read the full opinion
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