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Fifth Circuit Holds Magistrate Judge Has No Authority to Deem Motion for Reconsideration Withdrawn

Loaded on March 5, 2019 by Matthew Clarke published in Prison Legal News March, 2019, page 25
Filed under: New Trial Motions. Locations: Texas, United States of America.

by Matt Clarke

On August 21, 2018, the Fifth Circuit Court of Appeals held that a federal magistrate judge had no authority to sua sponte deem a motion for reconsideration withdrawn in a pro se civil rights complaint. 

Former Texas state prisoner Eric Lawson filed suit pursuant to 42 ...

 

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  1. News in Brief
  2. Executive Order Prompts BOP to Expand Prison Apprenticeship Programs, by Dale Chappell
  3. Fourth Circuit: BOP Must Consider State Court’s Designation to Serve Concurrent Federal Sentence
  4. Hedge Fund Pumps More Money into Corizon Health
  5. “Prisoner of Weed” Released, Sets Sights on Criminal Justice Reform, by Dale Chappell
  6. CoreCivic Bilked Rural Oklahoma Town, Forced to Pay Back Money in Lawsuit, by Steve Horn
  7. Kentucky Jailer Gets New Trial in Beating of Pretrial Detainee
  8. Maine Prisoner’s Challenge to Confiscation of Funds States Declaratory Judgment Claim, by David Reutter
  9. Colorado Voters Approve Constitutional Amendment Abolishing Prison Slavery, by Matthew Clarke
  10. Settlement in Lawsuit Against Missouri DOC’s Selection of Execution Witnesses, by Kevin Bliss
  11. New York Criminal Defense Attorney Charged with Federal Crimes, by Chad Marks
  12. Prisoner Who Inspired First Step Act Is First Released, by Kevin W. Bliss
  13. Reports Cite Poor Leadership in U.S. Marshals Service, by Edward Lyon
  14. Long-Term Illinois Prisoners Rarely Released by State Parole Board, by Rick Anderson
  15. North Carolina Prison Guard Sues Over Religious Discrimination, by Monte McCoin
  16. Voters Consider Criminal Justice-Related Issues in Midterm Elections, by Steve Horn
  17. California Prison Psychologist Blows Whistle on LGBTQ Harassment, Settles Lawsuit for Retaliation, by Dale Chappell
  18. Grandmother Arrested and Mocked by Federal Agents Awarded $55,000 Settlement, by Chad Marks
  19. LA County Jail Guards’ Conviction for Assaulting Visitor Upheld, by David Reutter
  20. Arkansas DOC Director’s Sole Discretion to Determine Competency for Execution Violates Due Process, by Mark Wilson
  21. Wisconsin Federal Court Denies New Trial, Grants Attorney Fees in Sexual Abuse Case
  22. $150,000 Settlement after Michigan DOC Discriminates Against HIV Positive Prisoner, by Kevin Bliss
  23. Federal Court Certifies Class in Ohio County Jail Debit Card Case, by Chad Marks
  24. Seventh Circuit Vacates, Remands Punitive Damages Award Against Wexford, by Derek Gilna
  25. Tenth Circuit: Qualified Immunity Defeats 22-Year Solitary Confinement Claims, by Mark Wilson
  26. Alaska Disciplinary Order Vacated for Violating Wolff’s Statement of Reasons Requirement, by Mark Wilson
  27. No Summary Judgment for Jail’s Denial of Mental Health Treatment; $150,000 Settlement, by Mark Wilson
  28. Closed Since 2013, Tamms Prison Now “Rampant” with Mold, by Matthew Clarke
  29. Female Prisoner Wore Wire to Take Down Rikers Island Guards, Wins $425,000 Settlement, by Rick Anderson
  30. Counties Modify, Cancel Contracts for Privately Operated Immigration Detention Centers, by Matthew Clarke
  31. Two Transgender Prisoners Transferred to Women’s Prison, by Matthew Clarke
  32. Ohio Governor Commutes Death Sentences, Grants Reprieves for Another, by Edward Lyon
  33. HRDC Settles Lawsuit Against Mississippi Jail that Only Allowed Religious Reading Materials
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  35. Indiana Prisoners Win Partial Summary Judgment in Jail Conditions Case, by Edward Lyon
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  37. Seventh Circuit Excuses Exhaustion Requirement for Spanish-Speaking Prisoner, by Derek Gilna
  38. Connecticut Prisoner Survives DOC’s Summary Judgment Motion in Mental Health Suit, by Edward Lyon
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  47. In Memoriam: Jane Kahn (1954-2018), by Paul Wright
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  50. Fifth Circuit Holds Magistrate Judge Has No Authority to Deem Motion for Reconsideration Withdrawn, by Matthew Clarke
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  52. Philadelphia Robbing the Poor Through Civil Forfeiture, by Edward Lyon
  53. Eighth Circuit Finds Verified Complaint Defeats Summary Judgment Motion in Failure-to-Protect Case, by Matthew Clarke
  54. New Sheriff Ends Juvenile Solitary Confinement at North Carolina Jail, by Kevin W. Bliss
  55. Missouri Prisoner Awarded $111,000 in Second-Hand Smoke Case, DOC Bans Smoking, by Derek Gilna
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  61. From the Editor, by Paul Wright
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