Greer v. Moon, No. 20-cv-00647 (D. Utah Sep. 16, 2020)

[AnOminous]

It doesn't matter, and its only out of curiosity, but I wonder if the 10th would have ruled differently had the dismissal been without prejudice.

There probably wouldn't have been an appeal because he would have just refiled or filed an amended pleading.

Choose the former if you think the Judge will agree with Russ more than not, and the latter if you think the Judge will agree with Magistrate more than not.

Barring a huge mistake, usually the judge seems to back up the magistrate. I doubt he's going to take kindly to Russ repeatedly insulting him, either. Tbh I hope he notices the magistrate has made rather a hash of things and takes it over.

 

[Useful_Mistake]

It doesn't matter, and its only out of curiosity, but I wonder if the 10th would have ruled differently had the dismissal been without prejudice.

No. That plays literally no role.

 

[AnOminous]

Magistrate Judges are regular hired Federal employees. They are hired for 4 or 8 year terms.

They're not really regular. They don't go through the civil service process.

From the U.S. Courts page:

A U.S. magistrate judge is a judicial officer of the district court and is appointed by majority vote of the active district judges of the court to exercise jurisdiction over matters assigned by statute as well as those delegated by the district judges. The number of magistrate judge positions is determined by the Judicial Conference of the United States, based on recommendations of the respective district courts, the judicial councils of the circuits, and the Director of the Administrative Office of the U.S. Courts. A full-time magistrate judge serves a term of eight years. Duties assigned to magistrate judges by district court judges may vary considerably from court to court.

https://www.uscourts.gov/about-federal-courts/about-federal-judges/types-federal-judges/faqs-federal-judges

It doesn't mention this, but the part-timers are 4-year. The terms are renewable, but a lot of people just do one to have a very nice addition to their resume when they resume private practice.

In practice, it seems the District Courts have a fair amount of leeway in how they actually pick the magistrates, although something like the District Judges appointing a merit committee (some of them lawyers) then voting on their recommendations seems to be normal.

 

[Suah Noteb]

This might also dovetail with others theory that we don't have an activist Judge but activist clerks. Perhaps they tell the Judge "this is what's relevant to catch up on" purposely leaving out most of Russ's insanity and Hardin's complaining about it. Maybe the reason the Judge has NEVER spoken on Russell's false addresses or consistently faulty certificates of service is because he doesn't even know those filings exist, the dropkiwifarms clerk just says "here's the highlights" and leaves out everything bad for Russ he can

If that's the case, the clerks are so fired with predijuce as we've reached the point where they can't hide all the bullshit, and the judge will be forced to go back though things are realize that there was a lot of important things he was prevented from seeing.

 

[Kosher Dill]

and the judge will be forced to go back though things are realize that there was a lot of important things he was prevented from seeing.

If the judge really has only read like 10 out of 200 filings and didn't ever think to ask what was in the other 190, he's beyond hope.

 

[SCV]

Not only is Greer calling the judge stupid, he's even misrepresenting the judge's own words back to him.

View attachment 6889108

While Russell inexplicably makes a really big deal out if this, those words he put in quote marks, attributing them to the judge, were never written by the judge.

Russell's made up a quote out of two completely different statements from the costs order, talking about different things:

View attachment 6889107

View attachment 6889106

Directly lying to the judge, about the judge. Interesting legal strategy.

Shame on me I guess but I didn't even think to check if rustys quotes were actually quotes. I cannot wait for the response to this. Hopefully it's not just "denied lmao" with no further elaboration.

 

[Bogliacci]

I don't see how the judge can side with Russ when shitlips blatantly makes up quotes from the Magistrate and admits he lies and says others will lie for him.

 

[filthypenguin]

It'd be pretty funny if the judge decided to punt it back to Florida now, since the witnesses weren't real.

 

[waffle]

"I'm just a retard" is a defense that works less and less the older you get, and the more involved with the world you get. Kids are stupid, and they can escape major consequences simply by owing up to it, but when you're in your 30s, and you run out of safety nets, that excuse doesn't work nearly as well in the real world. It's honestly shocking that Russ has gotten this far still hanging on to it, most people would not have that privilege.

Being a retard works forever, but it only works once or twice per-issue-per-person. People always get tired of rehashing the same issue over and over with the retard excuse, which is what Russ always tries to do and how he eventually wears out his tard card.

 

[Belgians in the Congo]

Greer is such a loser fuck up that I'm convinced the second the judge orders him to cough up any serious amount of money to pay for Hardin's work hours he'll effectively dismiss the case himself, no pesky appeals when the tard leaves on his own because he's on a 24/7 broke nigga alert.

C'mon fellas did I call it or did I call it.

 

[DHugo]

View attachment 6891426
C'mon fellas did I call it or did I call it.

Well broke nigga is gonna have a real nigga moment when he realizes he can't dismiss the case anymore.

 

[Dizzyuntildeath]

Well broke nigga is gonna have a real nigga moment when he realizes he can't dismiss the case anymore.

Total retard vexatious litigant death.

 

[Billy Bong]

Pay the men their money.

 

[LiquidChrisRespecter]

View attachment 6891426
C'mon fellas did I call it or did I call it.

Alas, Russtard requires permission from the opposition to abandon the case now.

Either he needs to start litigating it properly to completion or simply prepare to be fucked by the long dick of the law. In any event, it's going to take an immense financial and psychological toll. He gets what he fucking deserves.

 

[Man In A Dress]

I don't think Russell will be punished for his outburst but I do think the sanction will remain along with a warning to watch his bitch ass paralyzed mouth.
He really doesn't get that court is srs business and insulting the people who decide the fate of his case could financially destroy him.

 

[Debbie Macomber]

If that's the case, the clerks are so fired with predijuce as we've reached the point where they can't hide all the bullshit, and the judge will be forced to go back though things are realize that there was a lot of important things he was prevented from seeing.

Going by the activist clerks hiding things theory, it's funny to think they're doing everything they can to stop the Judge from seeing Russell's insanity and Hardin's complaints, only for Russ himself to file complaining "Hardin keeps bugging me about my address and certificates of service being wrong!" with citations pointing to Hardin's complaints!

 

[waffle]

People should know that the "activist clerk" thing is the kind of thing that murders your career in the crib if you get caught doing it. Clerking for a federal judge is generally a foot in the door to a very prestigious carrier, as long as you keep it between the lines.

A lot of young law graduates seem to be unhinged leftoids though, so who knows.

 

[reptile baht spaniard rid]

Clerking for a federal judge is generally a foot in the door to a very prestigious carrier,bas long as you keep it between the lines.

Anyone too stupid to get 80-90% of the result of an “activist clerk” without actually hiding things from his judge doesn’t deserve those careers.

I could do it and I’m a fucking idiot posting on a niggergossip site.

 

[AnOminous]

People should know that the "activist clerk" thing is the kind of thing that murders your career in the crib if you get caught doing it.

It's also bullshit. I'm pretty sure Magistrate Judge Jared C. Bennett is not only personally responsible for his own decisions, but would take responsibility for those decisions. Pretending some imaginary clerks somehow make his decisions for him is not only insulting but stupid.

 

[Thomas Talus]

Pretending some imaginary clerks somehow make his decisions for him is not only insulting but stupid.

Judges do sometimes put their signature to opinions written by clerks.