MATTHEW DURY V. J. CIUFO, No. 20-15673 (9th Cir. 2021)

Annotate this Case

Download PDF

NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED SEP 17 2021 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT MATTHEW JAMES DURY, Plaintiff-Appellant, U.S. COURT OF APPEALS No. 20-15673 D.C. No. 1:13-cv-00595-AWIBAM v. J. CIUFO, Unit Manager, MEMORANDUM* Defendant-Appellee. Appeal from the United States District Court for the Eastern District of California Barbara McAuliffe, Magistrate Judge, Presiding Submitted September 14, 2021** Before: PAEZ, NGUYEN, and OWENS, Circuit Judges. Federal prisoner Matthew James Dury appeals pro se from the magistrate judge’s order denying his post-judgment motion to collect filing fees or forfeit future collections. We have jurisdiction under 28 U.S.C. § 1291. We review de novo whether the magistrate judge had jurisdiction. Allen v. Meyer, 755 F.3d 866, * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 867-68 (9th Cir. 2014). We vacate and remand. The magistrate judge denied Dury’s post-judgment motion related to the partial payment of filing fees. However, all parties, including unserved defendants, must consent to proceed before the magistrate judge for jurisdiction to vest. See Williams v. King, 875 F.3d 500, 503-04 (9th Cir. 2017); Columbia Record Prod. v. Hot Wax Records, Inc., 966 F.2d 515, 516-17 (9th Cir. 1992) (holding that absent consent, a federal magistrate judge lacked authority to render a post-judgment decision that has a dispositive effect on the parties). Because none of the parties consented to proceed before a magistrate judge, see 28 U.S.C. § 636(c)(1), we vacate the magistrate judge’s March 3, 2020 order and remand for further proceedings. On remand, the district judge may treat the magistrate judge’s order as a report and recommendation. All pending motions are denied as moot. VACATED and REMANDED. 2 20-15673

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.