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To: Swordmaker
A Magistrate Judge has zero authority to make such a ruling. It’s outside of her judicial authority. This is the magistrate judge’s abuse of her bench.

If the Ninth Circuit gave her the authority, you're wrong.

"...the authority that a magistrate judge exercises is the jurisdiction of the district court itself, delegated to the magistrate judge by the district judges of the court under governing statutory authority, local rules of court, or court orders. Rather than fixing the duties of magistrate judges nationwide, the Federal Magistrates Act allows each district court to assign duties to the magistrate judges as fits the needs of that court."

I suspect she's fully empowered to issue this injunction. Not that I think she's right in doing so.

21 posted on 09/20/2020 8:47:11 PM PDT by semimojo
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To: semimojo; Swordmaker
If the Ninth Circuit gave her the authority, you're wrong.

If the Northern District Court of California has suddenly become the Ninth Circuit Court of Appeals, you might be right.

But I don't think it has...  winking face

22 posted on 09/20/2020 8:53:19 PM PDT by kiryandil (Chris Wallace: Because someone has to drive the Clown Car)
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To: semimojo

Didn’t find your quote at that link.

https://www.law.cornell.edu/uscode/text/28/636

Doesn’t seem a magistrate has injunctive powers, but there’s a lot of legal wriggle room.


36 posted on 09/20/2020 10:32:10 PM PDT by mrsmith (US MEDIA: " Every 'White' cop is a criminal! And all the 'non-white' criminals saints!")
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