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Legal Memorandum: Review of a Non-dispositive Order

Issue: Standard of Review of a Magistrate Judge’s Non-Dispositive Order.

Area of Law: Litigation & Procedure
Keywords: Non-dispositive Order; Standard of review; Misapplication of law
Jurisdiction: Federal, Minnesota
Cited Cases: None
Cited Statutes: 28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P. 72(a); L.R. 72.2(a)
Date: 07/01/2010

When objections are filed, the District Court must set aside those portions of a Magistrate Judge’s order that are “clearly erroneous or contrary to law.”  28 U.S.C. § 636(b)(1)(A); Fed. R. Civ. P. 72(a); L.R. 72.2(a).  “A decision is clearly erroneous when, after reviewing the entire record, a court is left with the definite and firm conviction that a mistake has been made.” Knutson v. Blue Cross & Blue Shield of Minnesota, 254 F.R.D. 553, 556 (D. Minn. 2008) (citations and internal punctuation omitted).  “A decision is contrary to law when it fails to apply or misapplies relevant statutes, case law or rules of procedure.”  Id. (citations and internal punctuation omitted).

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