United States v. Hudson
1:23-cr-00131
| N.D. Ga. | Dec 20, 2024Background
- Defendant Kayricka Wortham filed multiple motions seeking dismissal of charges and challenging the court's jurisdiction in a federal criminal case.
- Magistrate Judge Cannon issued a Report and Recommendation (R&R), recommending denial of Wortham's motions.
- Wortham requested and received multiple extensions to file objections to the R&R but ultimately failed to file them by the deadline.
- Wortham moved for reconsideration of the deadline extension and for a stay of legal proceedings to obtain counsel and prepare objections, both of which were denied.
- The district court conducted a review of the R&R for clear error, as no objections were filed by Wortham.
- The court found no clear error and fully adopted Magistrate Judge Cannon's R&R, denying all of Wortham's pending motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wortham's motions to dismiss should be granted | N/A | Court lacks jurisdiction; seeks dismissal | Court denied motions to dismiss |
| Adequacy of time to file objections to R&R | N/A | More time needed; requests longer deadline | Court denied further extension requests |
| Reconsideration of extension for objections | N/A | Prior extension insufficient, seeks reconsideration | Motion for reconsideration denied |
| Motion to stay proceedings | N/A | Seeks indefinite stay to obtain counsel and file objections | Motion to stay proceedings denied |
Key Cases Cited
- Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982) (outlining district judge's duty to review magistrate's recommendations)
- Thomas v. Arn, 474 U.S. 140 (1985) (district courts can review both factual and legal findings for clear error if no objection is made)
- Monroe v. Thigpen, 932 F.2d 1437 (11th Cir. 1991) (appellate review standards differ depending on whether objections were made below)
