motion to file objection out of time

[michaelalmond]

i am in the process of filing a motion to object out of time because the federal magistrate that had my case submitted a proposed finding and recommendation that the city of charleston be dismissed as defendant because i failed to specifically state a claim against which relief could be granted. i did not receive a copy of the findings and recommendation until well after the expiration of time in wich to file objections. i have been unable to obtain from counsel for the defendants a specific policy or custom by the city that caused my rights to become violated. how can i specifically state such policy or custom that isn`t there or made available upon discovery request? i did state that the absence of such policy or custom or that whatever policy or custom there may be was not enough to protect my rights and resulted in violation and injury. where would i find the law to support the claim against the city? there has to be a proper procedure that police have to follow when making a determination of abandonment before using the abandonment law to justify the entry the search and the seizure. the policy and procedure i did receive from defendants only defines abandonded property, not the rules requiring making such a determination before taking action. would they not be required to make contact and speak with me before using force even if they "thoght" the residence to be abandoned?

 

[Michael Wechsler]

I'm not sure I understand completely but you've got a difficult case to make from what I gathered - you're trying to show that the city's omission of a certain policy caused the violation of your rights? Are there numerous other people who share the same problem? You'd need to show that the city had a duty to do something that they didn't do and, without knowing more, I'd say you're facing an uphill battle. It's also why they stated that you've probably failed to state a cause of action to sue for which relief could be granted.