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Legal Memorandum: Review Standard for Non-dispositive Orders

Issue: What is the standard of review of a Magistrate Judge’s non-dispositive order?

Area of Law: Litigation & Procedure
Keywords: Non-dispositive order; Review; Misapplication of law
Jurisdiction: Federal
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); Liberty Auto Glass, Inc. v. Allstate Fire & Cas. Ins. Co., No. 06-4491 (JRT/FLN (D. Minn. Jan. 16, 2008).  “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, 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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