United States Ninth Circuit

In a 42 U.S.C. section 1983 action alleging that defendant-correctional officers at Corcoran State Prison violated plaintiff's rights under the Eighth Amendment, the magistrate judge's decision granting defendants' motion to dismiss is vacated and remanded, where: 1) the magistrate judge failed to obtain the consent of both parties, as required by 28 U.S.C. section 636(c)(1); 2) there is jurisdiction to review the validity of the judgment; 3) because defendants furnished neither express nor implied consent to jurisdiction before a magistrate judge, the magistrate judge had no jurisdiction to enter final judgment on behalf of the district court, and any purported judgment is a nullity; and 4) remand is the proper remedy.

Appellate Information

• Decided 06/20/2014
• Published 06/20/2014

Judges

• McKEOWN

Court

• United States Ninth Circuit

Counsel