Background
Christopher Brandt, a former employee of Immigration and Customs Enforcement, sued the Secretary of the Department of Homeland Security pro se and sought in forma pauperis status. A magistrate judge screened the complaint and recommended dismissal for failure to state a claim. Brandt filed a document titled Notice of Appeal and Objection to Magistrate Judge’s Order within ten days of the report.
The court’s reasoning
The court concluded that the substance of Brandt’s filing indicated it was intended as objections to the report and recommendation for the district judge to decide, not as a notice of appeal to this court. The filing advised Brandt of his right to object within fourteen days under Section twenty-eight United States Code Section six hundred thirty-six subsection b one and Federal Rule of Civil Procedure seventy-two subsection b.
What it means going forward
The case returns to the district court where the judge must address Brandt’s objections to the magistrate judge’s recommendation for dismissal.
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