Unpublished Disposition, 875 F.2d 319 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 875 F.2d 319 (9th Cir. 1989)

John NIX; Barbara Nix, husband and wife, Plaintiffs-Appellants,v.MARION COUNTY, MUNICIPALITY; et al., Defendants-Appellees.

No. 87-3953.

United States Court of Appeals, Ninth Circuit.

Submitted*  May 3, 1989.Decided May 12, 1989.

Before TANG, BOOCHEVER and KOZINSKI, Circuit Judges.


John Nix and Barbara Nix appeal pro se from Magistrate Hogan's findings and recommendations to the effect that the Nixes' action, filed pursuant to 42 U.S.C. §§ 1983, 1985 and 1986 (1982), be dismissed. The Court of Appeals' review of a magistrate's decision is appropriate only where the record clearly reflects that the magistrate, pursuant to authorization by the district court and all parties, was empowered to exercise plenary civil jurisdiction under 28 U.S.C. § 636(c) (1)-(2) (1982). See 28 U.S.C. § 636(c) (3) (1982); Alaniz v. California Processors, Inc., 690 F.2d 717, 720 (9th Cir. 1982) (per curiam). The record is devoid of any evidence that Magistrate Hogan was empowered to exercise such jurisdiction. Because the district court did not enter a final judgment in this case, we lack jurisdiction to consider the Nixes' appeal. 28 U.S.C. § 1291 (1982).



The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3