Jones v. Sardin
Jones v. Sardin
Opinion
Christopher Bernard Jones seeks to appeal an order entered by a magistrate judge denying his motions for appointment of counsel and for leave to proceed in forma pauperis. Pursuant to 28 U.S.C. § 636(c) (2000), a magistrate judge may enter a final order directly appealable to the court of appeals upon consent of all parties. Otherwise, under § 636(b), an appeal of an order entered by a magistrate judge lies with the district court. Absent an express adoption, modification, or rejection of the magistrate judge’s ruling by the district court, the ruling is generally not reviewable by the court of appeals. See Reynaga v. Cammisa, 971 F.2d 414, 416-18 (9th Cir. 1992). In this case, we find nothing in the record showing that the parties agreed to have Jones’ complaint decided by the magistrate judge. Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
DISMISSED
Case-law data current through December 31, 2025. Source: CourtListener bulk data.