Unpublished Disposition, 878 F.2d 385 (9th Cir. 1989)

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U.S. Court of Appeals for the Ninth Circuit - 878 F.2d 385 (9th Cir. 1989)

Henderson Duvall HOUGHTON, Plaintiff-Appellant,v.Charlotte V. KUFFNER, Marlene Launderville, and MichaelDotson, Defendants-Appellees.

No. 86-4219.

United States Court of Appeals, Ninth Circuit.

Submitted June 21, 1989.* Decided June 23, 1989.

Paul G. Hatfield, District Judge, Presiding.

Before HUG, SCHROEDER and LEAVY, Circuit Judges.

MEMORANDUM** 

Henderson D. Houghton, confined to the Montana State Hospital, appeals pro se the district court's judgment in favor of the defendants in his 42 U.S.C. § 1983 claim. We reverse and remand.

Houghton filed this section 1983 claim alleging denial of access to the courts by the named defendants. The district court designated a magistrate to conduct an evidentiary hearing. The magistrate submitted findings of facts and recommendations to the court pursuant to 28 U.S.C. § 636(b) (1) (B). Houghton timely filed objections to the magistrate's findings and recommendations, thereby preserving his right to a de novo review in the district court. United States v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1988). The district court erred by adopting in whole the magistrate's findings and recommendations without reviewing a transcript of the proceedings before the magistrate. See United States v. Raddatz, 447 U.S. 667 (1980); Spaulding v. University of Washington, 676 F.2d 1232, 1235 (9th Cir. 1982).

REVERSED and REMANDED.


 *

The panel unanimously finds this case suitable for disposition 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