Magistrate Recommends Against Us
March 2, 2011 3 Comments
A bit of a setback, unfortunately, but not a final decision. The district judge in my case requested her magistrate judge (sort of like an assistant judge who often does some of the legwork before the big event) give what’s known as a “Report and Recommendation” regarding my motion for a temporary restraining order. This is basically asking the magistrate for his opinion on whether or not the motion should be granted.
It seems that this magistrate judge ignored entirely all of my arguments on jurisdiction and (surprise, surprise) assumed all of the “facts” stated by the TSA are true. The one-sidedness of the R&R is astounding, as generally arguments are discussed and “shot down” by a disagreeing judge, rather than simply ignored. This, again, goes to show why a jury trial is necessary: a jury will require the TSA to prove their case, rather than assume it. [Note: it's unclear if the magistrate judge took into account my last filing, which was opposition to the TSA's motion to dismiss.]
R&R attached. My response, if I would like to file one (and I would ), is due within 10 days. I still have hope that the district judge will examine the facts and law much more carefully.