Aldrich v. Bowen

This appeal is dismissed for want of jurisdiction. The case was assigned to a magistrate judge pursuant to a general order of the District Court for the District of Ida ho, and proceeded to judgment. The magistrate judge had no jurisdiction to hear the case because the record contains no written consent of the parties as required by 28 U.S.C. § 636(c)(1) and Fed.R.Civ.P. 73(b). See Alaniz v. California Processors, Inc., 690 F.2d 717, 720 (9th Cir.1982); Columbia Record Productions v. Hot Wax Records, 966 F.2d 515, 517 (9th Cir.1992); Estate of Conners by Meredith v. O’Connor, 6 F.3d 656, 658 (9th Cir.1993). Because the magistrate judge acted without jurisdiction, the judgment is a nullity, and because the district court had no jurisdiction to enter judgment, this court has no jurisdiction to hear the appeal.

DISMISSED, no party to recover costs in this court.

Case Details

Case Name: Aldrich v. Bowen

Court Name: Court of Appeals for the Ninth Circuit

Date Published: Dec 12, 1997

Citation: 130 F.3d 1364

Docket Number: No. 96-35491

Court Abbreviation: 9th Cir.