Pro Se! Served With A Roseboro Notice? Don't Ignore It. Your Case Could Get Dismissed.

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This Video addresses Defendant's summary motion early on in the litigation (without the parties having propounded discovery) and the Pro Se response. Depending on the jurisdiction, the court may be required to provide the Pro Se Inmate with notice to respond to the defendant's motion. This is a Roseboro Notice. In another jurisdiction, it may not be required. The key point here is that Pro Se should always respond to a Defendant's summary motion, and use affidavits and any other evidence F.R.C.P. 56 permits the parties to submit to the Court, to make their case. Watch this Video!
See 2023 Roseboro Case: Paulino v. Ray; CIVIL ACTION NO. 5:23-CV-275. Here is the link:
www.govinfo.gov/content/pkg/U...

Опубликовано:

10 май 2024

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Комментарии : 18

@jolantahill787 2 месяца назад

So lovely to see you AdvocateLucinda🌹and ThankYou for another great video🔝🏅

@advocatelucinda 2 месяца назад

You are so welcome! Always good to hear from you.

@The-Rebellious-Slave 2 месяца назад

Roseboro provides opportunity to submit Objection to the Defendant's / Respondent's Motion for Summary Judgment. And next there will be a Report and Recommendation( R&R) issued = where there will be opportunity to submit an Objection to the Magistrate Judge's R&R.

@advocatelucinda 2 месяца назад

Thank you for your comment.

@The-Rebellious-Slave 2 месяца назад

Also, Note the Roseboro NOTICE is issued by the MAGISTRATE JUDGE of the US District Court. In essence the Roseboro Notice simply explains and provides the nonmovant (person who did not file the motion for summary judgment) fair opportunity and fair Notice that he/she is allowed to Respond by Objecting to the Motion for Summary Judgment. Also, it is important to note that it is the is MAGISTRATE judge whom will make a REPORT & RECOMMENDATION (R&R) to the US JUDGE as to whether or not the MAGISTRATE recommends by way of his/her Report (Order) that the case should be Summarily Dismissed or not. Note: If the Magjstrate does recommend a summary dismissal of the case - you then MUST file an Objection to what the Magistrate says and recommends. Great work Advocate Lucinda!!

@advocatelucinda 2 месяца назад

Thank you for your comment and contribution.

@The-Rebellious-Slave 2 месяца назад

@@advocatelucinda Advocate Lucinda thank you for your work! This is the BEST legal channel!

@PSM5787 2 месяца назад

All inferior courts under the federal district are magistrates except those who are chosen by the president. It’s in the USCode. I never consent to a magistrate their realms are of the code;inter alia not the Oath & Conduct of ethics

@advocatelucinda 2 месяца назад

You are welcome, and thank you.

@advocatelucinda 2 месяца назад

Thankfully, that's a right litigants can exercise.

@PSM5787 2 месяца назад

“Correct me if I’m wrong plz” if the court fails to give you or tell you about the your rights and process , it’s a Roseborrow violation ?

@advocatelucinda 2 месяца назад

Where it is clear the court was required to advise the pros se of his/her rights regarding their response to the summary motion, and the court doesn't, it is a violation of the Roseboro Rule.

@PSM5787 2 месяца назад

@@advocatelucinda it’s amazing the court states a very very minimal quotation of rights you walk in then they say you have a right for ham sandwiches… since they stated that the appeals court upholds the lower court ruling amazingly those are not your rights. 🤔 the trickery.

@advocatelucinda 2 месяца назад

Thank you for your comment.

@originalgangsta794 25 дней назад

If the motions to dismiss on for failure to stake claim and judge dismissed the case even if pretrial was set and subpoena submitted can the judge dismiss case prior to any provision of discovery or setting a schedule was plausible can I obtain relief from the retaliation efforts the department has been targeting my and I fear for my Life and I am unable to move or find safety here

@advocatelucinda 20 дней назад

Look to the Order the judge signed granting the Motion to Dismiss. It should specify each ground for dismissal. If your facts, the law and evidence demonstrates the Court erred, you may be positioned to request a hearing pursuant to F.R.C.P. 59(e) or 60(b). Or, you may appeal pursuant to F.R.C.P. 4. If during litigation you fear for your life, you can file some type of protective order. Read your jurisdiction Rules of Civil Procedure concerning protective orders.

@originalgangsta794 20 дней назад

@@advocatelucinda I filled out forms for a civil protection order, and mailed it to the supreme Court. Idk anything else back, But the clerk said that the information I sent (motions filed by defense council, and the judges ruling on the case. The supreme Court sent me the forms to file writ of certiorari forma pauper's. The clerk said the paperwork filed failed to "follow the rules of court" and said something under 28usc 1557 and 1564 the rules of judicial review shall apply. I've got exactly 30 days left too file certiorari, I am trying to make sure it's %100 before submitting the case to the Supreme Court. I got one shot for justice to be sought I would have to request monetary compensation for the excessive force, neglecting public trust liability . I need this money for my spirit to be at rest. Thanks again for all your help and time devoted to helping us understand

@originalgangsta794 14 дней назад

@@advocatelucinda Thank you Mama. I filed a protection order form and sent it to the supreme Court in Washington. I also have filed a record's request from my 911 call pertaining this incident. The records clerk is playing games by not releasing my call of distress and harms caused before the retaliatory arrest event began. She wants me to pay another $20 for it.... But it's worth producing for me to prove innocent and the truth