Aldrich v. Bowen

U.S. Court of Appeals for the Ninth Circuit
Aldrich v. Bowen, 130 F.3d 1364 (9th Cir. 1997)
1997 WL 764771

Aldrich v. Bowen

Opinion of the Court

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*1365ho, 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.

Reference

Full Case Name
William H. ALDRICH Helen Clays Jatina Greenhalgh Dawn Lattin Leonard Sisk v. Richard L. BOWEN, in his representative capacity as President of Idaho State University (ISU) Idaho State Board of Education John Does Jane Does Gordon Hinckley The Church of Latter Day Saints (LDS or Mormon Church)
Cited By
9 cases
Status
Published