Opinion · Court of Appeals for the Ninth Circuit
Aldrich v. Bowen
130 F.3d 1364
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 1997-12-12
- Topic
- general
How later courts describe this case
- noting that the "record contain[ed] no written evidence"
- “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. R 73 (b).”
Citator
UpLaw has not yet analyzed Aldrich v. Bowen. The absence of a flag is not a finding that it is good law.
- Cited by
- 9 opinions
ALDRICH v. BOWEN,130 F.3d 1364(9th Cir. 1997)
WILLIAM H. ALDRICH; HELEN CLAYS; JATINA GREENHALGH; DAWN LATTIN;
LEONARD SISK, Plaintiffs-Appellants, 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),
Defendants-Appellees.
No. 96-35491
United States Court of Appeals, Ninth Circuit.
Argued and Submitted December 4, 1997 — Seattle, Washington.
Filed December 12, 1997
COUNSEL
Susan B. Loob, Los Angeles, California; Timothy Ford, MacDonald, Hoague Bayless, Seattle, Washington, for the plaintiffs-appellants.
Donald W. Lojek, Lojek Strother, Boise, Idaho, for defendants-appellees Bowen and Idaho State Board of Education.
R.B. Rock, Moffatt, Thomas, Barrett, Rock Fields, Boise, Idaho, for defendant-appellee The Church of Jesus Christ of Latter-Day Saints.
D.C. No. CV-95-00291-MHW.
Before: Alfred T. Goodwin, Thomas M. Reavley,fn*and Andrew J. Kleinfeld, Circuit Judges.
[1] ORDER
[2] 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 Idaho,Page 1365and 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 by28 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. Hotwax 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 judgement is a nullity, and because the district court had no jurisdiction to enter judgment, this court has no jurisdiction to hear the appeal.
[3] DISMISSED, no party to recover costs in this court.
- Honorable Thomas M. Reavley, Senior United States Circuit Judge for the Fifth Circuit, sitting by designation. ↩