Opinion · Court of Appeals for the Eighth Circuit
Helen M. GLEASON, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Appellee
Helen M. GLEASON, Appellant, v. Sec’y OF HEALTH & Hum. SERVICES, Appellee, 777 F.2d 1324 (8th Cir. 1985)
- Type
- Opinion
- Court
- Court of Appeals for the Eighth Circuit
- Jurisdiction
- Federal
- Date
- 1985-11-19
- Topic
- employee-benefits-and-executive-compensation
How later courts describe this case
- dismissing appeal from magistrate judge ’s ruling on motion for attorneys’ fees for lack of final judgment where there was no “clear and unambiguous statement in the record of the affected parties’ consent to the magistrate judge judge’s jurisdiction”
Citator
UpLaw has not yet analyzed Helen M. GLEASON, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Appellee. The absence of a flag is not a finding that it is good law.
- Cited by
- 35 opinions
GLEASON v. SECRETARY OF HEALTH AND HUMAN,777 F.2d 1324(8th Cir. 1985)
HELEN M. GLEASON, APPELLANT, v. SECRETARY OF HEALTH AND HUMAN SERVICES,
APPELLEE.
No. 85-5097.
United States Court of Appeals, Eighth Circuit.
November 19, 1985.
Mimi H. Leahy, Chicago, Ill., for appellee.
Before HEANEY, Circuit Judge, and BRIGHT, Senior Circuit Judge, and BOWMAN, Circuit Judge.
[1]ORDER
[2] This appeal arose from an action commenced in the United States District Court for the District of Minnesota seeking review of the Secretary's denial of Helen M. Gleason's claim for social security benefits. The case was assigned to Judge Donald D. Alsop, who referred it to Magistrate Brian P. Short. Magistrate Short recommended that the court reverse the Secretary's decision and remand the matter to the Secretary for a determination of the amount of benefits owed. Judge Alsop issued an order, following the magistrate's recommendation. Subsequently, Gleason petitioned for $1,332.82 in attorneys' fees, which represented twenty-five percent of the past-due benefits Gleason was awarded. Magistrate Short issued an order granting attorneys' fees, but reducing the amount to $821.25. Gleason appealed from this order.
[3] A magistrate's decision is final and directly appealable to this Court if issued under the authority of28 U.S.C. § 636(c). If, however, the decision is issued pursuant to section 636(b), initial review rests with the district court.Glover v. AlabamaBd. of Corrections,660 F.2d 120,121-22(5th Cir. 1981). Section 636(c) requires a clear and unambiguous statement in the record of both parties' consent to the magistrate's jurisdiction.See28 U.S.C. § 636(c)(1);Ambrose v. Welch,729 F.2d 1084,1085(6th Cir. 1984);Glover,660 F.2d at 123-24. No such statement is contained in this record.Page 1325
[4] We therefore dismiss the appeal for lack of jurisdiction. This dismissal is without prejudice to the filing of a notice of appeal from any final, appealable order entered in this cause by the district court.