I filed a complaint in state court and it was removed to federal court by the defendant. Once there they filed a motion to dismiss on failure to state a claim. While waiting the case dates were assigned and discovery started. Then the Magistrate judge wrote a report and recommendation. I answered in objection because the facts he used to decide the case were all distorted. The District Judge made a final decision in support of the report and recommendation and I got a copy of the electronic filing stating the case is dismissed with prejudice and the case is closed. Is that it? Is there nothing further I can do? Their argument is the act was not outrageous enough. Really? I thought court was all about facts...how can they rule on something before it starts when everything the decision is based on is incorrect? Thanks for any advice.
You can appeal a dismissal, but there is a time limit. Call an attorney immediately.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline