Allen v. Meyer, et al., No. 11-16714 (9th Cir. 2014)
Annotate this CasePlaintiff filed suit under 42 U.S.C. 1983, alleging that several correctional officers violated his rights under the Eighth Amendment. On appeal, defendant challenged the magistrate judge's grant of the officers' motion to dismiss and entry of judgment against plaintiff. The court concluded that the judgment was invalid where the magistrate judge entered judgment on behalf of the district court without the parties' consent, as required by 28 U.S.C. 636(c)(1). The court remanded to the district court with instructions to vacate the invalid judgment and to conduct further proceedings.
Court Description: Civil Rights/Jurisdiction. Determining that it had jurisdiction to review the validity of a judgment entered by a magistrate judge who failed to obtain the consent of both parties, as required by 28 U.S.C. § 636(c)(1), the panel remanded the action to the district court with instructions to vacate the invalid judgment and to conduct further proceedings consistent with the panel’s opinion.
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