United States Second Circuit

Summary judgment for defendants on plaintiff's 1983 action is vacated and remanded, where: 1) plaintiff not consent to the referral of this case to a magistrate judge; 2) lack of consent is a jurisdictional defect that cannot be waived; and 3) the Magistrate Judge therefore lacked authority to enter final judgment under 28 USC section 636(c)(1).

Appellate Information

• Decided 03/06/2013
• Published 03/06/2013

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel