Leon Lee Smith, Sr., Plaintiff-appellant, v. Willie E. White, Defendant-appellee, 977 F.2d 591 (9th Cir. 1992)
Annotate this CaseBefore BEEZER, CYNTHIA HOLCOMB HALL and WIGGINS, Circuit Judges.
MEMORANDUM**
Leon Lee Smith, Sr., a California state prisoner, appeals pro se the magistrate judge's dismissal of his 42 U.S.C. § 1983 action. We dismiss for lack of jurisdiction.
"Article III of the United States Constitution imposes limitations upon the role which the magistrates, who are not Article III judges vested with life tenure or salary protections, can play.... [W]ith respect to dispositive matters, a magistrate is only permitted to make recommendations for final disposition by an Article III judge...." See McKeever v. Block, 932 F.2d 795, 798 (9th Cir. 1991).
There is no final appealable order because the district court did not approve and adopt the magistrate judge's order and because the parties did not consent to proceeding before a magistrate judge, pursuant to 28 U.S.C. § 636(c). See id.
DISMISSED.
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